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REPUBLIC v. ATTORNEY GENERAL & KENYA AIRWAYS LIMITED

(2006) JELR 94312 (CA)

Court of Appeal  •  Civil Appeal 8 of 2002  •  16 Jun 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Visram, J.) delivered on the 7th August, 2001, in which the learned Judge dismissed an application to set aside an ex parte order.

The genesis of the appeal can be traced back to a dispute in the Industrial Court of Kenya (the Industrial Court) being Cause No. 94 of 1993. The dispute was between Kenya Airline Pilots Association as the claimants and Kenya Airways Ltd. as the respondents. The issue in dispute was “Notification to declare 15 Flight Engineers redundant”. The Industrial Court considered the rival submissions made before it on behalf of the parties and in its award dated 6th May, 1994 stated inter alia:-

“For the foregoing discussion and reasons we do not see any justification of (sic) ordering the Respondents to retrain the grievants as pilots or retain them in service. Accordingly, we allow them to declare the 14 grievants redundant with effect from the date of this award on the following conditio…

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