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Mohammed Yakub Athman & 18 others v. Kenya Ports Authority

(2017) JELR 98982 (CA)

Court of Appeal  •  Civil Appeal 53 of 2016  •  31 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellants were employees of the respondent. Some of them were officials of the Dock Workers Union that represents Unionisable Employees of the respondent which in turn is an affiliate of Trade Union Congress of Kenya, “Tuc-ke”.

Through Kenya Gazette Supplement Number of 12 of 6th February, 2015, the National Hospital Insurance Fund (“N.H.I.F”) reviewed upwards monthly contributions payable by employees from Kshs.320/- to Kshs.1,700/-. The revised rates aforesaid were resisted by the Dock Workers Union to no avail. This forced Tuc-ke to issue a strike notice to the cabinet secretary for labour, dated 19th June, 2015 on the ground that the revised NHIF rates were not preceded by adequate social dialogue and had implemented the decision without adequately consulting Tuc-ke and its affiliates. It demanded that the revised rates be suspended immediately, and deductions dating back to 1st April, 2015 refunded to the employees.

The respondent as well as the Minister f…

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