Telkom Kenya Limited v Communication Workers Union (Civil Appeal 96 of 2019) [2025] KECA 449 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 449
- Citation
- [2025] KECA 449 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a judgment and decree of the Employment & Labour Relations CourtCoramFA OCHIENG, Ongaya
Holding
The Employment and Labour Relations Court's judgment is set aside, and the matter is remitted back to the ELRC to determine the quantum of bonuses due and payable to the claimants.
Facts
Telkom Kenya Limited failed to pay bonuses to its employees who were members of the Communication Workers Union in accordance with its policy.
Issues
- whether Telkom Kenya Limited violated Articles 41(1) and (2)(c) of the Constitution by failing to pay bonuses
- the appropriate remedy for the violation
Reasoning
The court held that the Employment and Labour Relations Court erred in remitting the matter back to the ELRC without determining the quantum of bonuses due, as the court cannot delegate the responsibility of determining the parties' entitlements to the parties.
Outcome
Appeal successful
Orders
- remitting the matter back to the ELRC to determine the quantum of bonuses due and payable to the claimants
Authorities cited
Legislation (1)
- Article 41(1) and (2)(c) of the Constitution of Kenya
Cases cited (1)
- Telkom Kenya Ltd. v John Ochanda
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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