Leonard Omondi Aluko (Acting on his own behalf and on behalf of Kenya Union of Courier and Allied Workers) & 4 others v G4s Kenya Limited (G4s Courier Services) [2015] KEELRC 1581 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1581
- Citation
- [2015] KEELRC 1581 (KLR)
- Decided
- 17 April 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from original trialCoramMajanja
Holding
The Applicants have established a prima facie case with a probability of success.
Facts
The Applicants are unionisable employees and devotees of the Seventh Day Adventist (SDA) Church. The Respondent has a new requirement that the Applicants and other employees of the Respondent who are devotees of the SDA church must work on Saturdays.
Issues
- Whether the Applicants have established a prima facie case with a probability of success to warrant issuance of orders sought.
- Whether the Respondent's actions are in contravention of Article 32 of the Constitution of Kenya which guarantees the freedom of conscience, religion and belief.
Reasoning
The court found that the Respondent's actions contravene Article 32 of the Constitution of Kenya, which guarantees the freedom of conscience, religion, and belief. The court also found that the Respondent's actions violate Article 27 of the Constitution of Kenya on the right to equality and freedom from discrimination.
Outcome
The court finds for the Applicants and grants the orders sought.
Orders
- Certify the matter as urgent and hear it exparte in the first instance.
- Grant the 1st Applicant leave of court to act as the representative of the 2nd, 3rd, 4th, and 5th Applicants in this matter.
- Issue a declaratory order that the rights of the 2nd, 3rd, 4th, and 5th Applicants to freedom of conscience, religion, belief, and of opinion guaranteed under Article 32 of the Constitution of Kenya and their right to equality and freedom from discrimination guaranteed under Article 27 of the Constitution of Kenya have been and are being violated.
- Issue a specific performance order to the Respondent to review its policy on hours of work in order to accommodate the rights of the 2nd, 3rd, 4th, and other of its employees who are devotees of the SDA church to observe their day of worship on Saturday within acceptable limits.
Authorities cited
Legislation (3)
- Employment Act, 2007
- Regulation of Wages (General) Order
- Constitution of Kenya
Cases cited (1)
- Kituo cha Sheria & 8 others vs Attorney General (2013) eKLR
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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