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Kenya Hotels & Allied Workers Union v Nyando Enterprises t/a Merry Land hotel & another (Cause E069 of 2024) [2026] KEELRC 630 (KLR) (3 March 2026) (Ruling)

[2026] KEELRC 630 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
630
Citation
[2026] KEELRC 630 (KLR)
Decided
3 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a consent judgmentCoramNZIOKI WA MAKAU
Holding

The motion to set aside the consent judgment is dismissed with costs on the higher scale.

Facts

The Kenya Hotels & Allied Workers Union filed a suit alleging noncompliance with a CBA clause resulting in salary arrears. The parties reached a consent judgment, but none of the instalments were paid. The union then sued for execution.

Issues

  1. Employer's compliance with the Companies Act
  2. Employer's authority to pay salaries without board resolution

Reasoning

The court found that the employer did not need a board resolution to employ or pay salaries, and the employer's attempt to use the Companies Act as a defense was found to be without merit.

Outcome

Motion to set aside the consent judgment dismissed

Orders

  • Application dismissed with costs to the Claimant
  • Costs on the higher scale

Remedies

  • Execution of the judgment

Authorities cited

Legislation (2)
  • Employment Act
  • Companies Act
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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