Wycliffe Aluvala Wangula v Ken-Knit (Kenya) Limited [2017] KEELRC 1975 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT ELDORET

CAUSE NO. 65 OF 2017

(Originally Nakuru Cause No. 114 of 2014)

WYCLIFFE ALUVALA WANGULA....................................CLAIMANT

VERSUS

KEN-KNIT (KENYA) LIMITED......................................RESPONDENT

RULING

1. This Cause was scheduled for hearing on 27 September 2017.

2. When it was called out, the Respondent’s advocate applied for leave to file a Response out of time and also to be allowed to attempt out of court settlement.

3. However, it turned out that a Response had been filed on 18 June 2014. The Court allowed the parties time to negotiate and after an hour or so, the parties informed the Court that they had reached settlement in the following terms

(a) The Claimant be paid 1 month pay in lieu of notice (Kshs 12,284/-)

(b) The Claimant be paid 6 months compensation for unfair termination of employment (Kshs 73,704/-)

(c) The Respondent verify from its records whether the Claimant had been paid service benefits (Kshs 21,364/- (verified as paid already).

(d) Claimant’s costs be assessed as Kshs 85,000/-.

4. The Court will therefore adopt the consent as judgment of the Court.

Delivered, dated and signed in Eldoret on this 29th day of September 2017.

Radido Stephen

Judge

Appearances

For Claimant  Mr. Chepkwony instructed by Chepkwony & Co. Advocates

For Respondent  Mr. Ouma, Legal Officer, Federation of Kenya Employers

Court Assistants  Nixon/Etyang