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ELRCAllowedCause No. 74 of 2002· [2003] KEELRC 22 (KLR)

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v CHANIA BOYS’ HIGH SCHOOL [2003] KEELRC 22 (KLR)

Industrial Court of Kenya
19 September 2003
CCCharles P. Chemmuttut
322 words in judgment
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The bottom line

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Kenya's Industrial Court approved a negotiated settlement compensating two wrongfully dismissed school workers, showing settled disputes can become enforceable court awards.

What this practically means

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Executive summary

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This was a trade dispute referred to the Industrial Court of Kenya at Nairobi by the Minister for Labour on 7th October 2002 under Section 8 of the Trade Disputes Act, Cap. 234. The issue in dispute was the wrongful termination of services of two employees of Chania Boys' High School, namely Elijah Shijire and Ann Njoki Kamau, with the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers acting as claimant. The Union filed its memorandum on 17th February 2003 and the School filed its reply statement on 10th April 2003. The parties then engaged in settlement negotiations, with some adjournments taken for that purpose. On 19th September 2003 they presented a consent settlement providing for payments of Ksh.30,000 to Elijah Shijire (Cheque No.101662, Consolidated Bank Thika) and Ksh.20,000 to Ann Njoki Kamau (Cheque No.101663 dated 20th September 2003), with the balances to be paid through post-dated cheques dated 30th January 2004 - Ksh.107,775.00 to Shijire and Ksh.67,675.00 to Kamau. Chemmuttut J found the terms fair and reasonable and made an award in terms of the settlement, thereby disposing of the dispute. No costs order was recorded, and no authorities were cited.

Key legal issues

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01

Adoption of a negotiated settlement as an award

Holding

The Court adopted the parties' settlement on the wrongful terminations of Elijah Shijire and Ann Njoki Kamau, awarding in terms thereof.

Reasoning

The dispute was referred by the Minister for Labour under Section 8 of the Trade Disputes Act. After negotiations and adjournments, the parties presented a settlement providing staged payments to the two terminated employees by cheque, with balances by post-dated cheques. The Judge considered the terms fair and reasonable and made an award in those terms, disposing of the dispute by consent.

p. 2

Legal principles established

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  • Where parties to a trade dispute referred under the Trade Disputes Act agree a settlement, the Industrial Court may adopt it as its award if satisfied the terms are fair and reasonable.

Court orders

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  1. 1.Award in terms of the parties' settlement: Ksh.30,000 to Elijah Shijire by Cheque No.101662 Consolidated Bank Thika
  2. 2.Ksh.20,000 to Ann Njoki Kamau by Cheque No.101663 dated 20th September 2003 Consolidated Bank Thika
  3. 3.Balances to be paid through post-dated cheques dated 30th January 2004: Ksh.107,775.00 to Elijah Shijire (Cheque No.101664) and Ksh.67,675.00 to Ann Njoki Kamau (Cheque No.101665)

Authorities

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Legislation

  • Trade Disputes Act, Cap. 234Section 8
  • Trade Disputes Act, Cap. 234Section 14(9)(e) and (f)
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234 (reference by the Minister for Labour)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v CHANIA BOYS’ HIGH SCHOOL [2003] KEELRC 22 (KLR)", Case Analysis (2003). Cause No. 74 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2003/22/eng@2003-09-19

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