[2006] KEELRC 1 (KLR)
The Court found that the amended order was clear and unambiguous, and that there was no sufficient cause to justify a second interpretation. The repeated application by the second Union was deemed a gross abuse of the due process of law. The Court reaffirmed its earlier position that the amended order was not in...
Source-derived case information.
- Citation
- [2006] KEELRC 1 (KLR)
- Parties
- Applicant: Kenya Hotels & Allied Workers’ Union; Respondent: Southern Palms Beach Resort; Interested Party: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 120 of 2005
- Procedural Posture
- Industrial Cause / Interpretation of Amended Order
- Outcome
- Application for interpretation dismissed; amended order reaffirmed.
- Legal Topics
- Trade Union Recognition, Interpretation of Orders, Industrial Relations, Collective Bargaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels & Allied Workers’ Union
Applicant
Southern Palms Beach Resort
Respondent
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers
Interested Party
Procedural Posture
Industrial Cause / Interpretation of Amended Order
Legal Issues
- 1 Whether there is sufficient ground to interpret the amended order dated 14th July, 2006 again.
- 2 Whether the conduct of the second Union in seeking repeated interpretation constitutes abuse of process.
Ratio Decidendi
The Court found that the amended order was clear and unambiguous, and that there was no sufficient cause to justify a second interpretation. The repeated application by the second Union was deemed a gross abuse of the due process of law. The Court reaffirmed its earlier position that the amended order was not in contravention of the Act or the Constitution, and that it was intended to foster industrial peace and end union rivalry for recognition at the Resort. Accordingly, the Court directed that the secret ballot process proceed without further delay.
Court Disposition
Application for interpretation dismissed; amended order reaffirmed.
Orders
- The amended order is reaffirmed.
- Mr. Benson Okwayo is directed to proceed with the secret ballot immediately.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA.
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Before: Charles P. Chemmuttut, J.,
O.A Wafula & J.M. Kilonzo, Members.)
CAUSE NO. 120 OF 2005.
(In the matter of an amended order arising from the awardof Murtaza Jaffer, J., P.M. Osero & J.G. Ngolo, Members.)
KENYA HOTELS & ALLIED WORKERS’ UNION....................................................................Claimants.
v.
SOUTHERN PALMS BEACH RESORT ............................................................................ Respondents.
and
KENYA UNION OF DOMESTIC, HOTELS,EDUCATIONAL INSTITUTIONS,
HOSPITALS &ALLIED WORKERS............................................................................ Interested Party.
Issue in Dispute:-
“Refusal to sign Recognition Agreement”.
No appearance for the Claimants (hereinafter called the first Union).
No appearance for the Respondents (hereinafter called the Resort).
No appearance for the Interested Party (hereinafter called the secondUnion).
INTERPRETATION OF THE AMENDED ORDER.
This second application for interpretation of the amended order in Form “F”, dated 14th July, 2006 under Section 16(5) of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act) was presented to the Court by Mr. Festus Mutunga, Secretary General, for the second Union, on 22nd August, 2006, accompanied by the Applicant’s memorandum in support thereof. The first application for interpretation of the same amended order, under the said section of the Act, was presented by Mr. Salim wa Mwawaza, Executive Officer, F.K.E., for the Resort on 7th August, 2006; and on 10th August, 2006, we summarily rejected the application for interpretation of the amended order as untenable and devoid of merit, pursuant to our observation as follows:-
“…………….. we are of the considered opinion that the amended order is not in contravention of the provisions of the Act and Section 80 of the Constitution; but, on the contrary, the amended order will in fact foster industrial peace and harmony in the Resort and bring or put to an end unions’ rivalry for recognition.”
Accordingly, we directed Mr. Benson Okwayo to proceed with the exercise forthwith.
In our view, there appears to be no ground for interpreting the amended order again as the same is clear and unambiguous, nor is there any other sufficient cause to justify the interpretation of the amended order. Therefore, the Court views the second Union’s conduct in seeking the interpretation of the amended order as contemptuous and gross abuse of the due process of the law.
In the result, we re-affirm the amended order and direct Mr. Benson Okwayo to proceed with the secret ballot immediately.
DATED and given in Nairobi this day of 31st August, 2006.
Charles P. Chemmuttut, MBS.,
JUDGE.
O.A. Wafula,J.M. Kilonzo,
MEMBER.MEMBER.