Dennis Okara Magio v Oshwal Academy & Oshwal Education & Relief Board (Cause 35 of 2014) [2014] KEELRC 45 (KLR) (15 December 2014) (Award)

Dennis Okara Magio v Oshwal Academy & Oshwal Education & Relief Board (Cause 35 of 2014) [2014] KEELRC 45 (KLR) (15 December 2014) (Award)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT

AT MOMBASA

CAUSE NO. 35 OF 2014

BETWEEN

DENNIS OKARA MAGIO.......................................................................CLAIMANT

VERSUS

1. OSHWAL ACADEMY

2.  OSHWAL EDUCATION & RELIEF BOARD.........................RESPONDENTS

Rika J.

Court Assistant:  Benjamin Kombe

Ms. Mutuku Advocate instructed by Lamenya Katee & Company Advocates for the Claimant

Mr. Kitur holding brief for Oyatta instructed by Mucheru-Oyatta & Associates Advocates for the 1st & 2nd Respondents

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ISSUES IN DISPUTE:  UNFAIR AND UNLAWFUL TERMINATION

AWARD

1. The Claimant filed his Statement of Claim on 17th February 2014.  The Respondents filed their Statement of Response on 22nd April 2014.

2. On 15th December 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-

(a)     Respondents to pay the Claimant Kshs.807,182 all inclusive.

(b)     Payment be done within 21 days.

(c)     In default, the Claimant be at liberty to execute.

3.   The Court is satisfied the above proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.  IT IS ORDERED:-

(a)   Award is entered in terms proposed by the Parties above. 

(b)   File marked as settled and closed.

Dated and delivered at Mombasa this 15th day of December 2014.

James Rika

Judge

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