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Association for the Physically Disabled of Kenya v. Kenya Union of Domestic Hotels Educational Hospital and Allied Workers Union & Attorney General

(2018) JELR 106001 (CA)

Court of Appeal  •  Civil Appeal 116 of 2016  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against part of the award given in favour of the Kenya Union of Domestic Hotels Educational Hospital and Allied Workers KUDHEIHA (1st respondent herein after referred to as the Union). In the said claim filed by the Union against the Association for the Physically Disabled (appellants), the Union was seeking reinstatement of 24 employees who had been declared redundant. The matter fell for hearing before Rika J. and by an award made on 23rd March, 2015, the subject matter of this appeal, the twenty four of the Union members were ordered to be reinstated back in the appellant’s employment. A brief synopsis of the matter is that the 1st respondent, a registered trade union whose members were engaged by the appellant in various capacities filed the claim on account that the appellant, by letters dated 27th September, 2012, served redundancy notices upon 24 employees and shortly thereafter, declared them redundant and terminated their employment,…

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