https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1508

Kenya Chemical Workers Union v Kenya Flexogravure Limited (Cause 127 of 2016) [2026] KEELRC 1508 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1508 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause 127 of 2016 AN Mwaure, J June 4, 2026 Between Kenya Chemical Workers Union Claimant and Kenya Flexogravure Limited Respondent Ruling 1.The Claimant/Applicant Respondent filed a Notice of Motion dated 16th December 2025 on the following grounds that:1.The detailed tabulation of wages arrears for each unionisable employee of the Respondent as set out in the Schedule annexed be and is hereby adopted as the correct and lawful computation of arrears payable pursuant to clause 28 of the collective bargaining agreement and the consent recorded on 22nd February 2017.2.The Respondent do pay to the respective employees the sums set out in the said schedule within 14 days of the date of this order.3.In default of payment as ordered, the Respondent and/or its directors shall be held in contempt of the court’s order dated 21st February 2017 and 13th December 2018.4.Costs of this application be provided for. 2.The application is brought under Rule 69 of the Employment and Labour Relations Court Rules 2024, section 3 of the Employment and Labour Relations Court, Article 159 of the Constitution and other enabling provisions of the law. Claimant/Applicant’s supporting affidavit 3.The application is supported by the affidavit of Peter Ouko Onyango, the Claimant/Applicant’s National General Secretary of the Kenya Chemical Workers Union, dated even date as the application. 4.The Claimant/Applicant avers that the Respondent has failed, neglected, or refused to pay the admitted arrears despite clear court orders and repeated requests. 5.The Claimant/Applicant confirms that it had prepared a final and verified schedule of arrears for each of the thirty‑one unionisable employees covering the period May 2014 to October 2018, based on a 17% salary increment stipulated in Clause 28 of the Collective Bargaining Agreement (CBA). 6.The Claimant/Applicant avers that the total arrears amount to Kshs.4,893,063.00/=, calculated from basic salary and house allowance adjustments. 7.The Claimant/Applicant asserts that adoption of the computations is necessary in the interest of justice and fairness, and that continued non‑compliance by the Respondent amounts to contempt of court orders issued on 22nd February 2017 and 13th December 2018. 8.The Claimant/Applicant prays that the Honourable Court orders payment within a strict timeline, holding the Respondent’s Directors accountable in default, so as to prevent further prejudice to the employees and uphold the authority of the court. 9.The court had directed the Respondent to file a response, and at the time of writing this ruling, the Respondent had not filed a response Analysis and determination 10.The court has considered the application, supporting affidavit, together with the annexure annexed thereto; the issue for determination is whether the Court should adopt the aforesaid computation as a judgment of this court.11.Rule 69(1) of the Employment and Labour Relations Court (Procedure) Rules 2024 provides as follows:“Where parties have entered into a conciliation,Negotiation or mediation agreement, or, are bound by an arbitral award or a lawful decision reached in Alternative Justice Systems, a party may file the award, decision or agreement for adoption and enforcement as an order of the Court.” 12.In this instant case, the Claimant/Applicant is seeking the adoption of the final and verified schedule of arrears for each of the thirty‑one unionisable employees covering the period May 2014 to October 2018, based on a 17% salary increment stipulated in Clause 28 of the Collective Bargaining Agreement (CBA), which the court will reproduce as follows:1.Alex Sasaka (Machine Operator) – Kshs.150,120.00, comprising basic salary arrears of Kshs.128,520.00 and house allowance arrears of Kshs.21,600.00.2.Peter Muburi Gitonga (Machine Operator) – Kshs. 184,635.18, comprising basic salary arrears of Kshs. 121,122.00 and house allowance arrears of Kshs. 26,793.18.3.Gilbert M. Nalianya (Machine Operator) – Kshs. 150,336.00, comprising basic salary arrears of Kshs. 128,520.00 and house allowance arrears of Kshs. 21,816.00.4.Francis Kamwenga Namugerwa (Machine Operator) – Kshs.150,077.34, comprising basic salary arrears of Kshs. 116,552.52 and house allowance arrears of Kshs. 33,524.82.5.Francis Kariuki Wazuingi (Operator) – Kshs.226,972.26, comprising basic salary arrears of Kshs.176,263.56 and house allowance arrears of Kshs.50,708.70.6.Yunah Wekesa Wasike (Operator)– Kshs.165,488.40, comprising basic salary arrears of Kshs.128,520.00 and house allowance arrears of Kshs.36,968.40.7.Stephen Tundu Okwemba (Operator) – Kshs.126,472.32, comprising basic salary arrears of Kshs.98,222.22 and house allowance arrears of Kshs.28,250.10.8.Alice Muthoni Wanjiku (Operator) – Kshs.115,841.88, comprising basic salary arrears of Kshs.89,964.00 and house allowance arrears of Kshs.25,877.88.9.Bor Kipchumba Ezekiel (Operator)– Kshs.115,532.46, comprising basic salary arrears of Kshs.82,849.50 and house allowance arrears of Kshs.32,682.96.10.Caroline Vihenda Asunga (General Worker) – Kshs. 113,481.54, comprising basic salary arrears of Kshs. 88,129.62 and house allowance arrears of Kshs.25,351.92.11.Daniel Nyonje Ohuya (Operator) – Kshs.126,310.32, comprising basic salary arrears of Kshs.98,222.22 and house allowance arrears of Kshs.28,088.10.12.Francis Njau (Operator) – Kshs.135,936.90, comprising basic salary arrears of Kshs.105,570.00 and house allowance arrears of Kshs.30,366.90.13.Habel Maumbe Ombonya (Operator)– Kshs.244,686.42, comprising basic salary arrears of Kshs.190,026.00 and house allowance arrears of Kshs.54,660.42.14.David Nyongesa Were (Operator) – Kshs.226,955.52, comprising basic salary arrears of Kshs.176,256.00 and house allowance arrears of Kshs.50,699.52.15.Henry Nyambegera (Operator)– Kshs.147,777.48, comprising basic salary arrears of Kshs.114,759.18 and house allowance arrears of Kshs.33,018.30.16.Jacqueline Munyasia Mujera (General Worker) – Kshs. 115,741.80, comprising basic salary arrears of Kshs. 89,964.00 and house allowance arrears of Kshs. 25,777.80.17.Jane Akuku Juma (General Worker) – Kshs.115,741.80, comprising basic salary arrears of Kshs.89,964.00 and house allowance arrears of Kshs.25,777.80.18.Jane Nyachama Oigo (General Worker)– Kshs.115,741.80, comprising basic salary arrears of Kshs.89,964.00 and house allowance arrears of Kshs.25,777.80.19.John Adulu (Assistant Machine Operator)– Kshs. 195,039.90, comprising basic salary arrears of Kshs. 151,470.00 and house allowance arrears of Kshs. 43,569.90.20.Jonathan Wandera Ongero (Assistant Machine Operator)– Kshs.150,077.34, comprising basic salary arrears of Kshs.116,552.52 and house allowance arrears of Kshs.33,524.82.21.Lilian Wanjiru (General Worker)– Kshs.106,667.28, comprising basic salary arrears of Kshs.82,849.50 and house allowance arrears of Kshs.23,817.78.22.Michael Langat (Machine Operator)– Kshs.193,837.87, comprising basic salary arrears of Kshs.150,542.83 and house allowance arrears of Kshs.43,295.04.23.Milkah Chelangat (Machine Operator) – Kshs. 115,841.80, comprising basic salary arrears of Kshs. 89,964.00 and house allowance arrears of Kshs. 25,877.80.24.Musa Muhamed Ali (Machine Operator)– Kshs. 161,136.00, comprising basic salary arrears of Kshs. 128,520.00 and house allowance arrears of Kshs. 32,616.00.25.Paul Odhiambo Gumba (General Worker) – Kshs. 106,667.28, comprising basic salary arrears of Kshs. 82,849.50 and house allowance arrears of Kshs.23,817.78.26.Peter Kiama Wairioko (Machine Operator)– Kshs. 226,955.52, comprising basic salary arrears of Kshs. 176,256.00 and house allowance arrears of Kshs. 50,699.52.27.Rhodah Maliaka Olunga (General Worker) – Kshs. 96,920.28, comprising basic salary arrears of Kshs. 82,849.50 and house allowance arrears of Kshs. 14,070.78.28.Ruth Atieno (General Worker) – Kshs.106,667.28, comprising basic salary arrears of Kshs.82,849.50 and house allowance arrears of Kshs.23,817.78.29.Shadrack Masabe Kabesa (Machine Operator) – Kshs. 265,963.50, comprising basic salary arrears of Kshs. 206,550.00 and house allowance arrears of Kshs. 59,413.50.30.Sharon Jabet Cherutich (General Worker)– Kshs. 106,667.28, comprising basic salary arrears of Kshs. 82,849.50 and house allowance arrears of Kshs.23,817.78.31.Silvarias Anvalo Iomo (General Worker)– Kshs. 106,667.28, comprising basic salary arrears of Kshs. 82,849.50 and house allowance arrears of Kshs.23,817.78.Grand Total Arrears- Kshs.4,893,063.00. 13.The court is being requested to adopt tabulation of arrears of wages of the grievants as per orders dated 22nd February 2017 and 13th December 2018.There is a lot of confusion in this file and this could be explained in the passage of time since 2017 February 21st when consent was signed between all the respective parties. 14.The Court has considered the Ruling delivered on 18th July 2024 by Justice Nderitu. The court in particular quotes from the said Ruling: -“It appears to the court that the ground upon which the cause was founded has shifted during the period that the cause has been pending in court. In view of the issues raised, including allegations that the grievants have settled the matter with the respondent, it would make sense for the parties to fix the matter for hearing to avoid the matter clogging the system even further. The parties shall thus be allocated a hearing date of the main cause on priority basis.” 15.From the aforesaid Ruling, the matter was to be heard but there is no record that the parties fixed the case for hearing. Time and again, the Respondent orally claim they settled the dues to all the grievants. The grievants have not been active in these proceedings and so is not clear what is the position. 16.Equally, the Respondents despite being given numerous opportunities by the court to file their response they have never filed their response.The Respondent’s Director has been said to be sick and is undergoing treatment in India. There is no factual evidence of this claim and even the identity of the Director has not been revealed. 17.The court finds and holds that in the absence of any evidence of payment of the wages arrears to the grievants, the court has the right to adopt the said computation annexed to the aforesaid application dated 16th December 2025. This is in compliance to Rule 69(1) of the Employment and Labour Relations Court (Procedure) Rules 2024. The application is merited and so is granted as prayed. If the arrears are paid, there must be proof which the parties can interrogate together. 18.Each party will meet their respective costs as per the court’s inherent discretion. It Is So Ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 4TH DAY OF JUNE, 2026.ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE