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Kenya Union of Commercial food allied Workers v. British America Tobacco Kenya Limited

(2017) JELR 99898 (CA)

Court of Appeal  •  Civil Appeal 309 of 2016  •  15 Dec 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appeal before us revolves around settlement of terms of an award issued by of the Employment and Labour Relations Court (ELRC) on 3rd October, 2008. The authority to settle terms of a decree or an order by the court is derived from Order 21 Rule 8(4) of the Civil Procedure Rules which stipulates:-

“On any disagreement with the draft decree any party may file the draft decree marked as “for settlement” and the registrar shall thereupon list the same in chambers before the judge who heard the case or, if he is not available, before any other judge, and shall give notice thereof to the parties.”

The essence of settling terms is to ensure that the resulting decree reflects the terms of the judgment/award/ruling in question.

2. By a letter dated 21st September, 2006 British American Tobacco Kenya Limited (the respondent) declared six of its unionized employees redundant effective from 1st October, 2006 on account of restructuring its operations. As per Clause 31 of…

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