Jomo Kenyatta University of Agriculture and Technology v University Academic Staff Union & another (Cause E743 of 2024) [2024] KEELRC 2803 (KLR) (14 November 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2803
- Citation
- [2024] KEELRC 2803 (KLR)
- Decided
- 14 November 2024
Summary at a glance
TypeLabour Relations DisputePostureClaimant seeks a temporary injunction and orders to end the strike, Respondents oppose and seek to continue the strikeCoramNDOLO
The strike is declared unlawful and unprotected, and the strike notice is suspended. The parties are directed to proceed with the stalled conciliation process.
Facts
The Claimant, Jomo Kenyatta University of Agriculture and Technology, sought to end a strike called by the University Academic Staff Union (JKUAT Chapter) due to concerns about the union's actions and the lack of conciliation efforts.
Issues
- Lawfulness of the strike
- Conciliation process
Reasoning
The court found that the strike was not lawfully called and that the conciliation process had not been exhausted. The court directed the parties to continue with the conciliation process and suspended the strike notice.
Outcome
The strike notice is suspended, and the parties are directed to proceed with the conciliation process.
Orders
- Suspend the strike notice
- Direct the parties to proceed with the stalled conciliation process
- Conciliator to submit report within 30 days
Remedies
- Temporary injunction to end the strike
- Suspend the strike notice
Authorities cited
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