Evergreen Herbs Ltd v Kenya Plantation & Agricultural Workers Union (Cause E374 of 2022) [2022] KEELRC 13397 (KLR) (17 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13397
- Citation
- [2022] KEELRC 13397 (KLR)
- Decided
- 17 November 2022
Summary at a glance
TypeLabour DisputePostureApplication for Injunctions and Suspension of StrikeCoramAN MWAURE
The court finds that the application is premature and the strike is not illegal.
Facts
Evergreen Herbs Ltd filed an application for an urgent hearing and injunctions against the Kenya Plantation & Agricultural Workers Union due to an alleged illegal strike.
Issues
- Whether the strike initiated by the respondent is illegal.
- Whether the court can issue orders suspending the strike pending the hearing of the application.
Reasoning
The court considers the application filed too late and lacks details about the strike's commencement, thus deeming the application an exercise in futurity.
Outcome
The application is dismissed.
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