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Universities Academic Staff Union v. Kenyatta University & Industrial Court of Kenya

(2017) JELR 94012 (CA)

Court of Appeal  •  Civil Appeal 281 of 2014  •  3 Mar 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

This appeal is a throwback to the days of the Industrial Court, established by the Trade Disputes Act, Cap 234 Laws of Kenya (repealed), which was the predecessor of the current Employment and Labour Relations Court established under the Constitution of Kenya, 2010. The central issue in the appeal, in which the High Court held divided opinion, is whether the High Court had supervisory jurisdiction over the Industrial Court. On 3rd October 2012, Ngugi, J. held that the High Court had such jurisdiction, entertained an application for judicial review, and quashed by certiorari an award of the Industrial Court which she found to have been made without jurisdiction. The appellant, the Universities Academic Staff Union now urges us to find, among other things, that the learned judge erred in quashing the award of the Industrial Court because under the repealed Trade Disputes Act, the award was final and not subject to appeal or review by the High Court. The 1st responde…

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