KENYA TEA GROWERS ASSOCIATION & UNILEVER TEA KENYA LIMITED V. KENYA PLANTATION & AGRICULTURAL WORKERS UNION

JUDGMENT OF THE COURT

1. This appeal arises from a ruling of the then Industrial Court ( S. M. Madzayo, J) delivered on 22^nd March 2011 restraining the appellants from suspending, locking out and or evicting its employees, members of the respondent union, from their residential houses and ordering all employees of the appellants who had not been allowed to resume duty due to the trade dispute to report back to their respective working stations within seven days without any loss of benefits.

Background

2. The 1^st appellant is an association of tea growers in Kenya while the 2^nd appellant is a tea grower in Kenya. The respondent is a trade union whose membership includes employees in tea estates.

3. Opposed to the use of tea plucking and pruning machines in the tea estates in Kenya on the grounds that the machines would replace human labour, the respondent (the Union) issued seven days strike notice to the appellants dated 11^th October 2010.

4. On 14^th October 2010, the 1^st appellant, petiti…