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Kilimanjaro Company Limited v. Kenya Union of Commercial Food and Allied Workers

(2019) JELR 99838 (CA)

Court of Appeal  •  Civil Appeal 261 of 2016  •  5 Jul 2019  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Kenya Union of Commercial Food And Allied Workers (the respondent), a Trade Union registered under the Trade Unions Act (now repealed) instituted proceedings against Kilimanjaro Company Limited, (the appellant) on behalf of two of its members, Fima Abdi Famau and Rachel Njeri herein after referred to as the grievants. The two grievants were both employed by the appellant on 1st May, 2001 in the position of Sales/Accountant Group 6, each on a consolidated monthly salary of Kshs. 10,059.00.

2. On 14th June, 2004, they were both served with dismissal letters ostensibly on account of poor performance. From the record, it would appear there was in place a recognition agreement between the appellant and the respondent. According to the respondent it was on that basis that it stepped in to handle the dismissal of the two grievants. The respondent calculated the dues owed by the appellant to the grievants and on 29th June, 2004 the respondent sent the tabulation to the …

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