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Kenya Tea Growers Association & Unilever Tea Kenya Limited v. Kenya Plantation & Agricultural Workers Union

(2015) JELR 105412 (CA)

Court of Appeal  •  Civil Appeal 16 of 2011  •  31 Jul 2015  •  Kenya

Erastus Mwaniki Githinji, Jamila Mohammed, James Otieno Odek



The appellants are duly registered companies under the provisions of the Companies Act (Cap 486 of the Laws of Kenya) and are engaged inter alia in the growing of tea and related agricultural practices. The respondent is a trade union catering for employees engaged in agricultural and plantation industry. To appreciate the dispute in this appeal, the relationship between the appellants and respondent is that the appellants own large tracts of land in which they cultivate tea while the respondent is a trade union representing employees of the appellants.

On 11th October 2010, the appellants received a letter from the respondent in which the respondent issued a seven (7) day strike notice premised on the claim that the appellants had increased the use of tea plucking machines in its operations without prior consultations with the respondent. The respondent claimed that the rise in the use of tea plucking machines by the appellants had impacted negatively on the socio…

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