RASHID ODHIAMBO ALOGGOH & 245 OTHERS v HACO INDUSTRIES LIMITED [2007] KEHC 3147 (KLR)
- Court
- High Court of Kenya
- Case number
- 3147
- Citation
- [2007] KEHC 3147 (KLR)
- Decided
- 19 March 2007
The Court finds that the Respondent did not infringe the Applicants' freedom of association, as the issuance of letters of appointments is not a requirement for joining a trade union. The Court also finds that the Respondent did not subject the Applicants to inhuman treatment or slavery/servitude.
Facts
The Applicants are former employees of HACO Industries Limited who filed an Originating Summons in the High Court seeking various declarations and orders. They claim their freedom of association was infringed, and they were subjected to inhuman treatment and slavery/servitude by the Respondent.
Issues
- freedom of association
- inhuman treatment
- slavery/servitude
- employment status
- wages and benefits
- right to join trade unions
Reasoning
The Court upholds the Respondent's submission that the Respondent had no control over the rules made by unions for entry. The Court also finds that the Applicants were not entitled to all the allowances paid to permanent employees as casuals.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Constitution of Kenya
- Wages and Conditions of Employment Act
- Employment Act
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