Kenya Airlines Pilots Association v Kenya Airways Limited & Jambojet Limited [2015] KEELRC 647 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 647
- Citation
- [2015] KEELRC 647 (KLR)
- Decided
- 28 July 2015
Interlocutory injunction restraining the Respondents from commencing or continuing wet-lease agreements to the specified locations pending further hearing.
Facts
Kenya Airways Limited and Jambojet Limited are operating wet-lease agreements with aircraft to fly to Lamu, Ukunda, Malindi, Kisumu, and Eldoret, which the Kenya Airlines Pilots Association claims are illegal and violate their rights.
Issues
- Validity of wet-lease agreements
- Claimant's recognition as a trade union
- Air Operator Certification (AOC) requirements
Reasoning
The Court found the wet-lease agreements to be illegal and in violation of the Civil Aviation (Air Operator Certification and Administration) Regulations, 2013, and the Labour Relations Act No. 14 of 2007. The Claimant is recognized as a trade union and has the right to consultation and concurrence in such agreements.
Outcome
Interlocutory injunction granted
Orders
- Interlocutory injunction restraining the Respondents from commencing or continuing wet-lease agreements to the specified locations
Remedies
- Interlocutory injunction
Authorities cited
Legislation (3)
- Civil Aviation Act No. 21 of 2013
- Civil Aviation (Air Operator Certification and Administration) Regulations, 2013
- Labour Relations Act No. 14 of 2007
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