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Tuwot & 227 others & another v East African Portland Cement PLC (Cause 2119 of 2014) [2022] KEELRC 1264 (KLR) (8 July 2022) (Ruling)

[2022] KEELRC 1264 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1264
Citation
[2022] KEELRC 1264 (KLR)
Decided
8 July 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabor DisputePostureAppeal from the Court of Appeal, dismissal followed by implementation applicationCoramMA ONYANGO, Wasilwa
The Court finds that the Claimant is a beneficiary of the judgment and the correct amount payable to each grievant is as per the schedule attached to the affidavit of Adan. The total number of grievants is 693.

Facts

The Claimant sought implementation of a judgment and decree from the Employment and Labour Relations Court and the Court of Appeal, which ordered the Respondent to implement a Collective Bargaining Agreement. The Respondent appealed, but the Court of Appeal dismissed the appeal. The Claimant then sought further implementation and certification of arrears.

Issues

  • Implementation of the judgment and decree
  • Certification and payment of arrears

Reasoning

The Court declared that the grievants represented by Ms. Juliet Chepchumba Tuwot are part of the beneficiaries to the judgment. The correct amount payable to each grievant is as per the schedule attached to the affidavit of Adan. The Claimant and the grievants represented by Juliet Tuwot have not contested the averments in the affidavit of Adan.

Outcome

The Court declared that the grievants represented by Ms. Juliet Chepchumba Tuwot are part of the beneficiaries to the judgment. The total number of grievants is 693. The Court will mention the Respondent on 28th July 2022 for the proposal on how to liquidate the balance of the decretal sum.

Orders

  • The Court declared that the grievants represented by Ms. Juliet Chepchumba Tuwot are part of the beneficiaries to the judgment. The total number of grievants is 693.
  • The Court will mention the Respondent on 28th July 2022 for the proposal on how to liquidate the balance of the decretal sum.

Remedies

  • The Court declared that the grievants represented by Ms. Juliet Chepchumba Tuwot are part of the beneficiaries to the judgment. The total number of grievants is 693.
  • The Court will mention the Respondent on 28th July 2022 for the proposal on how to liquidate the balance of the decretal sum.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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