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IndustrialOtherCause 111 of 2006· [2007] KEIC 3 (KLR)

Kenya Hotels & Allied Workers’ Union v Baobab Holiday Resort Ltd (Cause 111 of 2006) (Employment and Labour) [2007] KEIC 3 (KLR)

Industrial Court of Kenya
23 October 2007
CCCharles P. ChemmuttutJKJM KilonzoOWOA Wafula
249 words in judgment
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The bottom line

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Kenya's Industrial Court ordered a company director to personally appear and explain why an employment award was ignored, or face arrest.

What this practically means

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Executive summary

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This is an enforcement order (not a full judgment) of the Industrial Court at Nairobi in Cause 111 of 2006, in which the issue in dispute was the Respondent's refusal to sign a Recognition Agreement. The Claimant union, Kenya Hotels & Allied Workers’ Union, represented by Ms. Dalphine Muunde, Industrial Relations Officer, made a formal application dated 24th October 2007 seeking enforcement of a prior Court award which the Respondent, Baobab Holiday Resort Ltd, had failed to implement. There was no appearance for the Respondent. Exercising its powers under sections 21(2)(b), (3) and (7) of the Trade Disputes Act, Cap. 234, the Court ordered the Director of the Company, Mr. Ken Ho Sam, to appear in person before the Court on 13th November 2007 at 10.30 a.m in the Provincial Labour Officer’s Conference Room, NSSF Building, 3rd Floor, Mombasa, to show cause why he or the management of the Company has not implemented or complied with the Court award. The Court further warned that in default of personal attendance or appearance, an order of his arrest would issue without further notice. The order was dated and ordered in Nairobi on 23rd October 2007 and signed by Charles P. Chemmuttut, MBS, Judge, sitting with JM Kilonzo and OA Wafula, Members. No costs order was made and no new substantive reliefs were determined in this short procedural order.

Key legal issues

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01

Enforcement of a Court award against a non-compliant employer

Holding

The Court invoked its powers under section 21(2)(b), (3) & (7) of the Trade Disputes Act to compel the personal attendance of the company's director to show cause for non-compliance

Reasoning

The Union made a formal application dated 24th October 2007 seeking enforcement of an earlier award which the Respondent had failed to implement. The Court, exercising its statutory enforcement powers, directed the Director to attend in person and warned that failure to attend would result in an order of arrest without further notice.

p. 1

Legal principles established

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  • Under section 21 of the Trade Disputes Act, the Industrial Court may order a company director to appear personally to show cause why the management has not implemented a court award, failing which an order of arrest may issue

Court orders

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  1. 1.The Director of the Company, Mr. Ken Ho Sam, is ordered to appear in person before the Court on 13th November, 2007, at 10.30 a.m in the Provincial Labour Officer’s Conference Room, National Social Security Fund (NSSF) Building, 3rd Floor, Mombasa, to show cause why he, or the management of the Company, has not implemented or complied with the Court award in this case
  2. 2.In default of personal attendance or appearance, the Court will issue an order of arrest without further notice
Jurisdiction invoked
Sections 21(2)(b), (3) & (7) of the Trade Disputes Act, Cap. 234, Laws of Kenya

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 Hotels & Allied Workers’ Union v Baobab Holiday Resort Ltd (Cause 111 of 2006)  (Employment and Labour) [2007] KEIC 3 (KLR)", Case Analysis (2007). Cause 111 of 2006. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2007/3/eng@2007-10-23

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