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Aviation & Allied Workers Union of Kenya v. Kenya Airways Limited, Minister for Transport, 3. Minister for Labour and Human Resource Development & Attorney-General

(2017) JELR 105515 (SC)

Supreme Court  •  Petition 4 of 2015  •  28 Jul 2017  •  Kenya

Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala




[1] The appellant filed its appeal to this Court pursuant to Article 163 (4) (a) of the Constitution of Kenya, 2010. The petition, dated 19th May, 2015, is an appeal from the Judgment and Orders of the Court of Appeal at Nairobi, dated the 11th July, 2014 in Civil Appeal No. 46 of 2013.


[2] In September, 2012, a group of 447 employees of Kenya Airways Limited (KQ) were relieved of their duties, as part of a staff rationalization programme that had been initiated by KQ. The affected employees, through their union, Aviation and Allied Workers Union Kenya (the appellant), filed a suit at the Industrial Court (Industrial Cause No. 1616 of 2012), seeking inter alia, the following Orders:

(a) a declaration that the affected employees have suffered unfair and wrongful redundancy;

(b) an Order that the affected employees be reinstated to their former employment and positions without any loss of benefit and/or seniority;

(c) in the alternative, the …

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