IN THE INDUSTRIAL COURT OF KENYA
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 4 OF 2001.
KENYA ENGINEERING WORKERS’ UNION ………………………………Claimants
- v -
METCO KENYA LTD…………………………………………………………..Respondents.
Issue in Dispute:
“Lock-out of Mr. Stephen Mbugua”.
J.A.N. Omolo, Industrial Relations Officer, for the Claimants (hereinafter called the Union).
R.M. Muthanga, Executive Officer, F.K.E., for the Respondents (hereinafter called the Company).
The Notification of Dispute, Form ‘A’, dated 17th July 2000, together with the statutory certificates from the Minister for Labour and the Labour Commissioner under Section 14, subsection 9(e) and (f) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 31st January 2001, and the dispute was listed for mention on 16th February 2001. On this occasion, Messrs. S. Mutambi and R.M. Muthanga, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 23rd February and 16th March, 2001, and the dispute was fixed for hearing on 9th May 2001. The parties belatedly submitted their respective memoranda or statements on 8th March and 9th May 2001. On 25th May 2001, the matter was rescheduled for hearing on 6th September, 2001. On this date, Messrs. Omolo and Muthanga, who appeared for the parties respectively, jointly applied for adjournment of the dispute so that they might explore the possibility of an amicable settlement. The application was granted and the case was listed for mention to-day, i.e. 11th October, 2001.
This morning, however, the parties filed a memorandum of settlement hereof, duly signed by Mr. J.A.N. Omolo on behalf of the Union and Mr. D. Shah on behalf of the Company. It was also signed by Mr. Stephen Mbugua himself and witnessed by Mr. Muthanga and another. The parties prayed that an award by consent be made or entered in terms of the settlement, which is reproduced below:-
“That Mr. Mbugua be paid the following terminal benefits:-
1. One month’s notice Kshs.4018.00
2. Service (52 days) Kshs.9796.80
3. Leave (April 1999) Kshs. 291.20
4. Leave Travelling Allowance Kshs.2650.00
5. Ex gratia payment Kshs. 880.00
This is in full and final settlement of this dispute.
Today 9th October, 2001 Mr. Mbugua ID. No.11223314 has received Kshs.13,500/=. The balance will be paid on 11th October, 2001”.
In my view, the terms of the settlement are fair and reasonable, and I award accordingly.
DATED and given at Nairobi this 11th day of October, 2001.
Charles P. Chemmuttut,