Fredrick Odhiambo v Kenya Safari Lodges & Hotels Ltd [2015] KEELRC 197 (KLR)

Summary at a glance

Facts

Claimant worked for Respondent from 1984 to 2014, rising from cashier to General Manager. He resigned on 8.8.2014 and signed a settlement agreement and discharge voucher for kshs.3,481,417.50.

Issues

• Whether the signing of the settlement agreement and discharge voucher fully relieved the respondent from liability for any further claims by the claimant.
• Whether the calculation of the claimant's dues by the respondent was erroneous and in breach of the terms of their contract.
• Whether the court should recalculate the claimant's terminal dues.

Reasoning

The court found that the claimant accepted the settlement agreement and discharge voucher as full and final settlement, but the claimant's counsel argued that the settlement was not freely executed due to financial stress and undue influence.

Outcome

Claimant wins, awarded kshs3,369,552.50 plus costs and interest.

Orders

• Judgment for the Claimant for the sum of kshs3,369,552.50 plus costs and interest.

Authorities cited