RAILWAYS AND ALLIED WORKERS UNION V. RIFT VALLEY RAILWAYS WORKERS UNION (K) & RIFT VALLEY RAILWAYS (KENYA) LIMITED

JUDGMENT OF THE COURT

There had been a simmering dispute between the appellant and the 1^st respondent regarding who between them represents the unionisable employees of the 2^nd respondent. Both unions claimed to represent the said employees though the appellant as opposed to the 1^st respondent already had in place a recognition agreement with the 2^nd respondent as well as a Collective Bargaining Agreement.

Consequently, in a span of one month, between 31^st March 2013 and 25^th April 2013, the 1^st respondent filed several claims in the Industrial Court being 116, 241 and 587 all of 2013. The first claim was against the 2^nd respondent and the appellant in which it sought to stop the retrenchment programme commenced on 31^st December, 2012 by the 2^nd respondent and an order that the 2^nd respondent be compelled to engage it in a proper and structured negotiations that would culminate in the 2^nd respondent’s unionisable employees getting their rightful dues.

In the second claim which was agains…