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Kenya Airports Authority v. Kenya Aviation Workers Union

(2021) JELR 100148 (CA)

Court of Appeal  •  Civil Application E223 of 2020  •  5 Feb 2021  •  Kenya

Coram
Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

By a notice of motion dated 7th August, 2020, the applicant, Kenya Airports Authority has sought orders for injunction and stay of execution against the judgment of the Employment and Labour Relations Court (Wasilwa, J) pending the hearing and determination of the appeal. The application was supported by the sworn affidavit of Anthony Njagi, the applicant’s General Manager, Human Resources Development, as well as its written submissions.

The motion was premised on the grounds that by a ruling of 28th July 2020, the Employment and Labour Relations Court ordered the applicant to pay the respondent union dues of Kshs. 38,669,171.20 which it claimed had been deducted and withheld from it from the year 2016 to 2020.

The background to the motion was that in December 2019, the applicant paid its employees in Job Grade S5 outstanding arrears for annual salary adjustments that had accrued for the period between January 2016 and December 2019; that when paying the amounts, it i…

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