UNIVERSITIES NON-TEACHING STAFF UNION (UNTESU) V. MOI UNIVERSITY

RULING

The applicants Universities Non-teaching Staff Union (Untesu) moved to the Industrial Court and presented cause No. 1649 of 2011, against the Respondent Moi University. The claim centered on an alleged breach of the provisions of Section 49 of the Labour Regulations Act 2007 where by the Respondent was alleged to have failed to deduct Agency fees from the Respondents’ employees, who had allegedly benefited from a Collective Bargain Agreement (CBA) on behalf of the applicant as indicated vide gazette notice No. 5607 of 27^th April, 2011. Parties were heard on their merits resulting in a ruling delivered by Nzioki Wa Makau J on the 18^th day of October, 2012, in which the applicants lost.

The applicants were aggrieved by that ruling and desired to appeal against that decision. They retained the services of M/S J.A. Guserwa and Company Advocates for this purpose. M/S Guserwa allegedly signed the notice of appeal and a letter asking for the supply of a typed copy of proceedings for pur…