LEWA WILDLIFE CONSERVANCY V. KENYA GAME HUNTING & SAFARI WORKERS UNION

JUDGMENT OF THE COURT

The respondent, KENYA GAME HUNTING and SAFARI WORKERS UNION, the then claimants instituted suit against the appellant, LEWA WILDLIFE CONSERVANCY, the then respondent in the Employment and Labour Relations Court Cause No. 132 of 2015. The respondent’s grievances were that a certain number of the appellants’ employees (numbering 31) had authorized the appellant to deduct union dues through a check off system; that the appellant had refused to effect the deductions under the pretext that the said employees held managerial positions and hence are not unionisable. The respondents maintained that since the employees could not “hire and fire” they did not qualify to be managerial staff.

The appellant resisted the respondent’s claim and in its memorandum of reply dated 1^st October, 2015 and filed on 7^th October, 2015, it stated that it had a total workforce of 283 employees of whom 227 are unionisable members; that the 31 employees held managerial positions and hence could…