TECHNICAL UNIVERSITY OF MOMBASA TECHNICAL UNIVERSITY OF MOMBASA & VICE CHANCELLOR TECHINICAL UNIVERSITY OF MOMBASA V. KENYA UNION OF DOMESTIC HOTELS, EDUCATIONAL INSTITUTIONS AND HOSPITAL WORKERS

JUDGMENT OF THE COURT

1. By an amended petition filed in the Employment and Labour Relations Court (ELRC), the respondent, acting on behalf of some of its members, who happened to be 1^st appellant’s employees, sought several orders against the appellants. Basically, the respondent’s claim stemmed from what it believed was breach of its members’ constitutional right to fair labour practices by the appellants.

2. It was the respondent’s position that the 1^st appellant had engaged its members on casual basis or on back to back contracts, as it put it, for a continuous period of over 12years. The 1^st appellant’s conduct was not only contrary to the Constitution and the Employment Act but also the Collective Bargaining Agreement (CBA) dated 17^th March, 2015 between itself and the 1^st appellant.

3. It is on that basis that the respondent prayed for declaration that the appellants refusal to employ its members on permanent and pensionable basis; and/or withholding of their rightful salaries and…