Kenya Tea Growers Association v Kenya Plantations and Agricultural Workers Union [2019] KEELRC 1933 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1933
- Citation
- [2019] KEELRC 1933 (KLR)
- Decided
- 22 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureAppeal from an original trialCoramBYRAM ONGAYA
Holding
The court dismissed the application, finding that the union was not in contempt of court and that sequestration against the union was not appropriate.
Facts
The Kenya Tea Growers Association filed a motion against the Kenya Plantations and Agricultural Workers Union for disobeying a court order issued on June 27, 2016, which prohibited the union from engaging in strikes and destroying property.
Issues
- Disobedience of court order
- Contempt of court
Reasoning
The court ruled that sequestration is a remedy of the last resort in contempt cases and that the union officials were not bound by the order except in their official capacities.
Outcome
Application dismissed
Orders
- Each party to bear their own costs
Authorities cited
Cases cited (2)
- Dr. Fredrick Njeru Kamunde –Versus- Tharaka Nithi County Government and 2 Others [2016]eKLR
- O’Regan, Contempt of Court and the Enforcement of Labour Injunctions, Modern Law Review, Vol54, 1991 at 401
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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