Nairobi City County v Kenya Local Government Workers Union & 2 others [2013] KEELRC 168 (KLR)

REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI CAUSE NUMBER 1410 OF 2013 BETWEEN NAIROBI CITY COUNTY..................................................……………………………………… CLAIMANT VERSUS KENYA LOCAL GOVERNMENT WORKERS UNION AND 2 OTHERS …………………...........................................RESPONDENT Rika J CC. Kidemi Prof. Tom Ojienda Advocate for the Claimant Mr Mbuvi Advocate for the Respondent Union Mr Fedha for the Attorney General ______________________________________________________________ RULING The issues raised by the various parties’ applications arise from a Collective Bargaining Agreement registered at the Industrial Court. There is reason to believe parties have had the opportunity to address the Court on the Collective Bargaining Agreement at the time of its registration. Issues relating to transition from the City Council to County of Nairobi, and the obligation inherited by the County Government have been addressed in this court in the past. At the heart of the proceedings herein is the failure, or inability of the Claimant to honour its obligations under the existing Collective Bargaining Agreement. As the matter has been addressed by the Principal Judge, it is imprudent for this Court to re-look into the issues involved. If the Claimant feels there are issues that have not been fully addressed by the Court in its past decisions revolving around the Collective Bargaining Agreement, it is most appropriate to be heard before the Principal Judge. We do not wish to have different Judges giving conflictual decisions. The Claimant ought to be addressing itself on the grievances causing the industrial unrest, instead of

page 1 of 2