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Micato Safaris v. Kenya Game Hunting & Safari Workers Union

(2017) JELR 99131 (CA)

Court of Appeal  •  Civil Appeal 37 of 2014  •  10 Mar 2017  •  Kenya

Coram
Daniel Kiio Musinga, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. By a claim filed by the respondent on 3rd December, 2012 before the Industrial Court of Kenya at Nairobi, the respondent sought the following reliefs:

(a) The Court to award the respondent’s members as per the respondent’s proposal of the review of the collective Bargaining Agreement (CBA);

(b) The appellant be ordered to pay union dues from when they stopped the Agency Fee and the union dues;

(c) The appellant be restrained from terminating the Recognition Agreement between itself and the appellant.

2. The genesis of the dispute was two notices dated 10th October, 2011 issued by the appellant to the respondent and the National Labour Board of the appellant’s intention to terminate a Recognition Agreement between the parties that had been entered into on 4th August, 2003. The appellant also intended to stop deduction of agency fees from employees of the appellant which was being paid to the respondent.

3. The appellant’s reason for seeking termination of the Recogni…

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