Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Industrial Research & Development Institute (KIRDI) [2014] KEELC 679 (KLR)

Industrial Court of Kenya

25 September 2014

MOMaureen Onyango

1,527 words in judgment

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The bottom line

KIRDI must pay Kshs.3,175,200 in house allowance arrears because a signed and registered collective bargaining agreement binds employers even if they later prefer government rates.

What this practically means

Executive summary

The Claimant Union, UNRISK, moved the Industrial Court by Notice of Motion dated 28 January 2014 under Section 13 of the Industrial Court Act and rules 30 and 31 of the Industrial Court (Procedure) Rules, seeking confirmation of a consent order dated 4 November 2009, a decree for Kshs.3,175,200 for execution, and costs. The dispute arose from a CBA signed on 23 July 2008 (registered as RCA No. 198 of 2008) which provided uniform house allowance rates effective 1 July 2008. The Respondent failed to implement the house allowance clause for employees based in Kisumu despite the consent of 4 November 2009, which was adopted as a court award and required payment of new rates from 31 January 2010 and arrears for 1.7.08 to 31.12.09. Justice Wasilwa had earlier ruled in Kisumu Cause No. 52 of 2013 that the matter was fully determined in Cause No. 433(N) of 2009 and that the Claimant should file an application on that file for execution. The Respondent, through the Replying Affidavit of Jairus Ombui, admitted the award but claimed it paid per Government policy, and raised res judicata. The court found the Respondent's positions contradictory and noted it had not applied to set aside the CBA registration or the consent award, and had not contested the tabulation. Lady Justice Maureen Onyango ordered payment of Kshs.3,175,200 to the named employees, with payment through the Union for those no longer in employment, failing which the Claimant could extract and execute the decree with interest from 4 November 2009. No costs order is recorded.

Key legal issues

Enforcement of a consent award and registered CBA against a State Corporation

Holding

The Respondent is bound by the CBA and the consent award adopted on 4th November 2009 and must pay the Kisumu employees the house allowance arrears of Kshs.3,175,200.

Reasoning

The court found no dispute that the CBA was signed on 23 July 2008, registered as RCA No. 198 of 2008, and that a consent dated 4 November 2009 was adopted as an award. The Respondent admitted the order existed but implemented regional government rates. The court found the Respondent's positions contradictory and noted it never applied to set aside the registration or the consent award, and did not contest the tabulation of the claim.

p. 4

Legal principles established

A party that voluntarily signs a collective agreement, attends its registration, and enters into a consent award adopted by the court, without applying to set it aside, is duty bound to implement the award.

Court orders

1.The Respondent to pay to the employees named in the Claimant's Appendix 5 the sum of Kshs.3,175,200 as tabulated therein
2.If any named employee is no longer in employment, the money to be paid to the Claimant Union for onward transmission to the employee
3.If the Respondent fails to pay within 30 days, the Claimant is authorized to extract and execute the decree for Kshs.3,175,200 together with interest from the date of the consent award of 4th November 2009

Authorities

Legislation

Industrial Court ActSection 13
Industrial Court (Procedure) RulesRules 30 and 31

Jurisdiction invoked: Section 13 of the Industrial Court Act and rules 30 and 31 of the Industrial Court (Procedure) Rules

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Industrial Research & Development Institute (KIRDI) [2014] KEELC 679 (KLR)", Case Analysis (2014). Cause No. 433(N) of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/679/eng@2014-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.