Kenyan case law

TRANSPORT & ALLIED WORKERS’ UNION v KENYA BUS SERVICES LTD (Cause 98 of 2002) [2004] KEELRC 7 (KLR) (18 August 2004) (Award)

✦ The settlements or agreements entered into and signed by the parties are declared null and void.

KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v SHERIA CO-OPERATIVE SAVINGS & CREDIT SOCIETY LTD [2004] KEELRC 4 (KLR)

✦ The dismissal was found to be wrongful as it was not based on good faith and was harsh.

KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES EMPLOYEES’ UNION v BIASHARA MASTER SAW MILLERS LTD [2004] KEELRC 1 (KLR)

✦ The dismissals are reduced to normal termination, and terminal dues are calculated based on the building order prevailing at the time. Each grievant is awarded four months wages as compensation for wrongful termination and loss of employment.

TAILORS & TEXTILES WORKERS’ UNION v NGECHA INDUSTRIES LTD (Cause 86 of 2003) [2004] KEELRC 9 (KLR) (27 July 2004) (Award)

✦ An award by consent was entered in terms of the settlement

KENYA SHOE & LEATHER WORKERS’ UNION v BATA SHOE CO. (K.) LTD [2004] KEELRC 8 (KLR)

✦ The Court upheld the decision of the Industrial Court and ordered the Company to pay the Union the amounts owed for the wage increments, house allowances, and leave travelling allowances.

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v AGA KHAN HOSPITAL [2004] KEELRC 2 (KLR)

KENYA ENGINEERING WORKERS’ UNION v JITAN STEEL LTD [2004] KEELRC 5 (KLR)

KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v BIRKING INDUSTRIAL SERVICES (BIS) LTD [2004] KEELRC 3 (KLR)

✦ The court found the lock-out and dismissal unlawful and ordered compensation.

KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES EMPLOYEES’ UNION v MAREBA ELDORET LTD [2004] KEELRC 10 (KLR)

KENYA UNION OF SUGAR PLANTAION WORKERS v SUGAR EMPLOYERS GROUP OF F.K.E [2004] KEELRC 11 (KLR)

TAILORS & TEXTILES WORKERS’ UNION v THIKA CLOTH MILLS LTD [2004] KEELRC 6 (KLR)

✦ The summary dismissal of the employees is reduced to normal termination of service, and they are to be paid their terminal benefits and four months' salary each as compensation for loss of employment.