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NYERI COUNTY COUNCIL v KENYA LOCAL GOVERNMENT WORKERS UNION [1996] KECA 193 (KLR)

[1996] KECA 193 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
193
Citation
[1996] KECA 193 (KLR)
Decided
16 October 1996
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court rulingCoramJ. E. Gicheru, R. O. Kwach, A. A. Laka
Holding

The appeal is dismissed, and no order as to costs is made as the respondent did not appear.

Facts

The appellant (Nyeri County Council) terminated the employment of 337 nursery school teachers, who were also members of the Kenya Local Government Workers Union, without consulting the union and without complying with the Employment Act.

Issues

  1. Whether the termination of employment was in compliance with the Employment Act and the collective bargaining agreement.
  2. Whether the High Court had jurisdiction to grant an injunction against the appellant's declaration of redundancy.

Reasoning

The High Court's decision to grant an injunction was upheld, as the appellant did not comply with the Employment Act and the collective bargaining agreement.

Outcome

Appeal dismissed

Authorities cited

Legislation (3)
  • Local Government Act (Cap 265)
  • Employment Act (Cap 226)
  • Trade Disputes Act (Cap 234)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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