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Moi University v. Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers

(2016) JELR 98973 (CA)

Court of Appeal  •  Civil Appeal 202 of 2011  •  11 Mar 2016  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

The respondent is a registered trade union mandated by its constitution to represent workers from various public institutions, among them public universities. The appellant is a public university and is the former employer of twenty four members of the respondent. On 23rd November 2002, the twenty four former employees of the appellant sustained injuries when they took a ride in a university bus, registration number KZX 891, which was involved in a road accident in which several of the passengers suffered injuries. It emerged that the bus was not insured. When the appellant failed to compensate the workers, they sued it for damages. Later on, between March and April 2006, the workers were terminated, which according to the respondent was due to their refusal to withdraw their suit against the appellant.

Consequently, a dispute arose between the parties herein. In accordance with the provisions of the Trade Disputes Act (now repealed) the respondent reported the dis…

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