Zaidi v Lake Turkana Wind Power Limited (Cause E321 of 2022) [2023] KEELRC 3414 (KLR) (20 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3414
- Citation
- [2023] KEELRC 3414 (KLR)
- Decided
- 20 December 2023
Summary at a glance
TypeLabor DisputePostureRespondent's Application for Arbitration and CostsCoramOCHARO
The Court has jurisdiction to determine the validity of the Mutual Separation Agreement and will not refer the dispute to arbitration.
Facts
The Claimant and Respondent entered into a Mutual Separation and Confidentiality Deed on July 30, 2021, terminating the Claimant's employment. The Respondent filed a Chamber Summons Application seeking arbitration and costs.
Issues
- Whether the dispute should be referred to arbitration
- Whether the Court should order the Claimant to deposit Kshs.5,000,000/- as security for costs
Reasoning
The Court found that the Arbitration Act restricts its jurisdiction to entertain the matter, and the Mutual Separation Agreement is a valid contract that does not require arbitration.
Outcome
The application was dismissed.
Orders
- The Court dismissed the application for arbitration.
- The Court ordered the Claimant to deposit Kshs.5,000,000/- in court or a joint account in the names of Counsel for the parties, as security for costs.
Authorities cited
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