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Kenya Plantation & Agricultural Workers Union v. Sotik Tea Company Limited, James Finlay (K) Limited & Minister for Labour & Human Resource Development

(2018) JELR 99994 (CA)

Court of Appeal  •  Civil Appeal 189 of 2009  •  13 Jul 2018  •  Kenya

Coram
Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The central question in this appeal is the role of technology in Kenya’s economic development, and in particular in the tea industry. At its heart is a contestation between, on the one hand, employers who assert their right to adopt technology to make their operations and undertakings more efficient and cost-effective, and on the other, workers who perceive such technology as a threat to their employment. Kenya is among the top world producers of tea, which is also her leading export crop. The country’s Vision 2030 seeks to transform Kenya into a newly industrializing, middle-income country providing a quality of life to all its citizens by 2030 in a clean secure environment. The blueprint has three pillars, namely economic, social and political, all anchored on among others, science, technology and innovation. While appreciating that this litigation commenced before the adoption of the blue print in 2008, the promise of Vision 2010 is nevertheless relevant as the…

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