Kenya Airports Authority v Kenya Aviation Workers Union (KAWU) (Cause E259 of 2022) [2022] KEELRC 4023 (KLR) (6 June 2022) (Ruling)

Facts

The claimant, Kenya Airports Authority, seeks an interlocutory injunction to restrain the respondent, Kenya Aviation Workers Union (KAWU), from engaging in a strike and to suspend the strike notice dated 26th April, 2022. The strike notice was issued due to the claimant's failure to conclude and implement the 2016-2019 Collective Bargaining Agreement (CBA) negotiated with the union.

Issues

1. Whether the court should issue orders restraining the respondent from engaging in a strike and a suspension of the strike notice dated 26th April, 2022 pending the hearing of the suit
2. The balance of convenience between the applicant's need for protection against injury and the respondent's need to exercise its legal rights

Reasoning

The court will grant the interlocutory injunction based on the principles of prima facie case, irreparable injury, and balance of convenience. The right to strike is limited by the Constitution and the LRA, and the court must weigh the applicant's need for protection against injury with the respondent's need to exercise its legal rights.

Outcome

The court will grant a prohibitory injunction to restrain the respondent from engaging in a strike and to suspend the strike notice dated 26th April, 2022 pending the hearing of the suit.

Authorities cited