Kenya Plantation & Agricultural Workers Union v Plantation Plants (K) Limited [2013] KEELRC 115 (KLR)

The application had annexed a Notice of Appeal relating to Industrial Cause No. 25 of 2012 between the same parties but a different cause. Counsel sought to produce a correct notice from the bar; the court upheld the claimant's objection, holding a notice not filed with the court before the application could not be introduced later. However, on perusal of the file a proper notice was found on record, curing the defect and permitting consideration on the merits.

The appeal raised points of law under Sections 41 and 43 of the Employment Act and Section 80 of the Labour Relations Act concerning dismissals arising from collective industrial action. The court held its role was merely to ensure the appeal was not frivolous or vexatious. Although it doubted the merits—expressing the view that Section 41 protections apply before collective disciplinary action after an unlawful strike—it assumed arguability in the applicant's favour.

To balance the applicant's appellate rights against the claimant's right to enjoy the fruits of the award, the court required security in the full decretal sum held jointly in an interest-earning account. This preserves the position of both parties and deters an appeal pursued only to delay satisfaction of the award.