Khetia Drapers Limited v Kenya Union of Commercial Food and Allied Workers [2018] KECA 792 (KLR)
- Court
- Court of Appeal
- Case number
- 792
- Citation
- [2018] KECA 792 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling and order of the Employment & Labour Relations CourtCoramJ. MOHAMMED, E. M. GITHINJI, HANNAH OKWENGU
Holding
The appeal is allowed, with costs to the appellant. The order of the court dated 29th March, 2017 is set aside.
Facts
The Kenya Union of Commercial Food and Allied Workers filed a claim seeking the recognition of the union with immediate effect or in the alternative, the court to hear the dispute. The appellant, Khetia Drapers Limited, opposed the claim, arguing that the dispute on deduction of union dues is independent of the recognition dispute.
Issues
- Whether the order directing the respondent to commence deductions of union dues is separable from the dispute regarding the recognition of the Union.
- Whether the order was made in excess of jurisdiction.
Reasoning
The court found the order irregular and made in excess of jurisdiction due to lack of reasons and the order being preemptory.
Outcome
Appeal allowed
Orders
- The order of the court dated 29th March, 2017 is set aside.
- The application is remitted to the trial court for hearing interparties if the Union is still interested in prosecuting the application.
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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