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Khetia Drapers Limited v. Kenya Union of Commercial,Food and Allied Workers

(2017) JELR 99862 (CA)

Court of Appeal  •  Civil Application 43 of 2017  •  6 Jun 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] This is an application by Khetia Drapers Limited (Employer) under Rule 5(2) (b) of the Court of Appeal Rules for an order that the execution of the order of the Employment and Labour Relations Court (court) made on 29th March, 2017, be stayed pending the hearing and determination of the intended appeal from the order. There is also a prayer for stay of proceedings in the trial court. The impugned order enjoined the employer:

“to commence deduction of union dues of the employees in the check off forms whose names are in the respondent’s payroll as at 30/3/2017 with effect from April, 2017.”

On 23rd February, 2017, the Respondent, Kenya Union of Commercial Food and Allied Workers Union (trade union) filed a memorandum of claim against the employer seeking an award, compelling the employer to recognize the trade union and to pay Shs.3,986,400/= from its own sources apparently being the un-deducted trade union dues. The employer filed a defence to the claim.

[2] By an …

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