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IndustrialDismissedInterpretation Application arising from Industrial Cause No. 29 of 2009· [2012] KEIC 27 (KLR)

Kenya Electrical Trade & Allied Workers Union v Kenya Power & Lighting Company Limited (Application 1-29 of 2007) [2012] KEIC 27 (KLR)

Industrial Court of Kenya
16 November 2012
OMOnesmus N. Makau
1,785 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Industrial Court dismissed a union's attempt to expand a pay award, confirming that consent orders can't be reopened without proof of fraud or vagueness.

What this practically means

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Executive summary

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The Claimant Union filed an Interpretation Application under Section 16(5) of the Trade Disputes Act, Cap. 234 (repealed) and Section 32 of the Industrial Court (Procedure) Rules 2010, seeking interpretation of Orders 1, 3, 4, 5 and 7 of the Court's Award in Cause No. 29 of 2009 delivered on 27th November 2009. The Union advanced three grounds: that the Respondent should first have implemented the Award raising the UG12 minimum salary to Kshs.13,000 and then added the 6% CBA increase to reach Kshs.16,500; that Order 2 required the Respondent to factor in historical salary breaks of 50% (1996/97), 8% (1987/88) and 6% (1983/84) for long-serving employees; and that Order 4 required adjustment of variable allowances effective 1st January 2009. Counsel for the Respondent opposed, arguing the increases were not cumulative, that the CBA was never before the Court in the original dispute, that Order 2 required only 1% graduation per year of service, and that allowances were to be adjusted from implementation of the Award. The Court noted that most of the impugned orders were consent orders freely presented by the parties, that no statutory ground of review under Section 26 of the Labour Institutions Act was established, and that an award should be honoured unless vague or doubtful. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the Award and the CBA 2009/2010 should be applied cumulatively to the minimum salary

Holding

Not cumulative; employees already benefited from the higher award rate of Kshs.13,000

Reasoning

The Respondent argued the increases were not cumulative and the CBA was never before the Court in Cause No.29/2007. The Union could not introduce at interpretation stage a matter never referred to the Court. Employees received the higher of the two minimum rates, so no additional amount was due under Order 6.

p. 2
02

Whether the Court could revisit consent orders on an application for interpretation

Holding

It could not, absent fraud, misrepresentation, mistake, or inconsistency with written law

Reasoning

Orders 1 to 5 of the Award arose from a consent agreement presented by the parties. Section 26 of the Labour Institutions Act and Rule 32 set out grounds of review, none of which the Union demonstrated. The Union failed to show what was vague or doubtful about the consent orders it had itself presented.

p. 4

Legal principles established

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  • A party seeking interpretation or review of an award must show vagueness, doubt, or a statutory ground of review; a consent order freely made cannot be re-opened
  • Final awards should be honoured and not revisited save for cogent and weighty reasons

Court orders

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  1. 1.The Claimant's Application for Interpretation of the Award is dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Section 16(5) of the Trade Disputes Act, Cap. 234 (repealed) and Section 32 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 Electrical Trade & Allied Workers Union v Kenya Power & Lighting Company Limited (Application 1-29 of 2007) [2012] KEIC 27 (KLR)", Case Analysis (2012). Interpretation Application arising from Industrial Cause No. 29 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2012/27/eng@2012-11-16

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