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

(2018) JELR 99910 (CA)

Court of Appeal  •  Civil Appeal 258 of 2012  •  27 Apr 2018  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Stephen Gatembu Kairu



1. This appeal arises from a ruling of the then Industrial Court ( S. M. Madzayo, J) delivered on 22nd 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.


2. The 1st appellant is an association of tea growers in Kenya while the 2nd 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 11th October 2010.

4. On 14th October 2010, the 1st appellant, petitiā€¦

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