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Kenya Tea Growers Association v. Kenya Plantation and Agricultural Workers Union

(2016) JELR 99905 (CA)

Court of Appeal  •  Civil Application Nai.159 of 2016 (Ur. 123/2016)  •  7 Oct 2016  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

By the motion on notice brought under section 3A and 3B of the Appellate Jurisdiction Act and rules 5 (2)(b) and 103 of the Court of Appeal Rules we are asked in the main to grant an interim order for stay of execution of the judgment delivered on 20th June, 2016 in ELR No. 1997 of 2014 (consolidated with ELR 14 of 2014) pending the hearing and determination of an intended appeal. In the grounds in support of the motion it is stated that the Employment and Labour Relations Court delivered the judgement on 20th June 2016 where the following awards were made:

"a. Rates of Pay (basic wage/salary) awarded at 15%: 15% for 2014-5 CBA across the board.

b. Retirement shall be at 60 years with the option to voluntarily retire at 55 years.

c. On hours of work there shall be 1 rest day with pay in every working week.

d. Annual leave travelling allowance awarded at 6% increase on the current rates.

e. Medical treatment and sick allowance awarded at Kshs.30,000/-.

f. Baggage allowa…

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