KHETIA DRAPERS LIMITED V. KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS

JUDGMENT OF THE COURT

[1] This is an appeal from the ruling and order of the Employment and Labour Relations Court (ELRC) (Court) dated 29^th March, 2017 in the following terms:

“COURT

The respondent is directed to commence deductions of union dues of all employees in the check off forms whose names are in the respondent’s payroll of the respondent (sic) as at 30/3/2017 with effect from April, 2017.

The issue of recognition agreement will be canvassed by way of written submissions which parties will highlight in Court. The claimant will file written submissions within 30 days from date of service. Highlighting of submissions will be on 15^th June, 2017.”

[2] The Kenya Union of Commercial Food and Allied Workers (Union) had on 23^rd February, 2017 filed a claim in the ELRC seeking the following two main reliefs:

(i) an order against the respondent, now the appellant, to recognize the union with immediate effect or in the other alternative orders for ballot.

(ii) the respondent pays Kshs.3,986,40…