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ELRCAllowedCause No. 339 of 2013· [2015] KEELRC 888 (KLR)

Kenya Union of Commercial Food And Allied Workers v Atta Kenya Ltd [2015] KEELRC 888 (KLR)

Industrial Court of Kenya
19 June 2015
JRJames Rika
177 words in judgment
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The bottom line

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Kenya's Industrial Court formally converted a signed CBA settlement between a union and Atta Kenya Ltd into a binding court award, ending the dispute.

What this practically means

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Executive summary

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This was a first-instance labour dispute before the Industrial Court at Mombasa in which the Kenya Union of Commercial Food and Allied Workers, as Claimant, lodged a Statement of Claim against Atta Kenya Ltd on 10th October 2013 over a collective bargaining agreement stalemate. The Respondent filed its Statement of Response on 7th November 2014. The matter did not proceed to a contested hearing: on 18th May 2015 the parties informed the Court that they had settled the dispute, the CBA having been signed, and that the matter could be marked as settled. Acting under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, Rika J examined the proposed terms of settlement and recorded satisfaction that they were fair, adequate, regular and made in accordance with the law. The Court accordingly ordered that an award be entered in terms of the parties' proposal, thereby bringing the CBA stalemate to a formal, binding conclusion. The award was dated and delivered at Mombasa on 19th June 2015. Mr Baya, Branch Secretary, appeared for the Claimant, and Mr Makokha, Advocate instructed by the Federation of Kenya Employers, appeared for the Respondent, with Benjamin Kombe as Court Assistant. No costs order is recorded in the judgment, and no authorities were cited. The judgment is a short consent-type award rather than a reasoned determination on the merits.

Key legal issues

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01

Adoption of a negotiated settlement of a CBA stalemate as an award of the Court

Holding

The Court adopted the parties' settlement as an award, being satisfied the terms were fair, adequate, regular and lawful.

Reasoning

The parties informed the Court on 18th May 2015 that they had settled the dispute, the CBA having been signed. The Court, exercising its powers under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, examined the proposed terms, found them fair, adequate, regular and lawful, and entered an award in terms of the parties' proposal, thereby conclusively disposing of the dispute.

p. 1

Legal principles established

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  • A court may enter an award in terms of a settlement reached between parties where the proposed terms are fair, adequate, regular and made in accordance with the law.

Court orders

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  1. 1.Award is entered in terms of the Parties' proposal above, namely that the CBA was signed and the dispute is marked as settled

Authorities

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Legislation

  • Industrial Court (Procedure) Rules 2010Rule 27(1)(a)
Jurisdiction invoked
Industrial Court jurisdiction over a dispute in trade dispute; disposition made under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010

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 Commercial Food And Allied Workers v Atta Kenya Ltd [2015] KEELRC 888 (KLR)", Case Analysis (2015). Cause No. 339 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/888/eng@2015-06-19

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