[2013] KEELRC 229 (KLR)
The Court found that the Respondent had failed to comply with its Award and the Minister's Orders requiring deduction and remittance of trade union dues and agency fees. The Respondent's continued non-compliance, confirmed by the Conciliator, justified the grant of enforcement orders. The Court ordered immediate...
Source-derived case information.
- Citation
- [2013] KEELRC 229 (KLR)
- Parties
- Applicant: Kenya Union of Entertainment and Music Industry Employees; Respondent: Bomas of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 759 of 2012
- Procedural Posture
- Employment Cause / Ruling on Contempt Application
- Outcome
- application for enforcement and contempt allowed
- Judges
- J Rika
- Legal Topics
- Trade Union Dues, Agency Fees, Contempt of Court, Enforcement of Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment and Music Industry Employees
Applicant
Bomas of Kenya
Respondent
Procedural Posture
Employment Cause / Ruling on Contempt Application
Legal Issues
- 1 Whether the Respondent is in contempt of court for failing to comply with the Award requiring deduction and remittance of union dues and agency fees.
- 2 Whether the Respondent should be compelled to pay arrears of union dues and agency fees as ordered by the Court and the Minister.
Ratio Decidendi
The Court found that the Respondent had failed to comply with its Award and the Minister's Orders requiring deduction and remittance of trade union dues and agency fees. The Respondent's continued non-compliance, confirmed by the Conciliator, justified the grant of enforcement orders. The Court ordered immediate compliance with the Award, payment of all arrears within seven days, and, in default, directed the arrest of the General Manager to show cause why he should not be imprisoned for contempt. The decision underscores the binding nature of court awards and the consequences of disobedience in employment disputes.
Court Disposition
application for enforcement and contempt allowed
Orders
- The Respondent shall comply fully with the Award of the Court by payment of all the arrears of trade union dues and agency fees from the date of the Minister’s Order.
- These arrears must be paid within 7 days of the delivery of this ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
Industrial Court at Nairobi
Cause 759 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
BETWEEN
KENYA UNION OF ENTERTAINMENT AND MUSIC INDUSTRY EMPLOYEES…………………..CLAIMANT
VERSUS
BOMAS OF KENYA……………………………………………………………………………...….RESPONDENT
Rika J
CC. Leah Muthaka
Mr. Macuha for the Claimant
Mr. Masese for the Respondent
RULING
This Court delivered an Award in favour of the Claimant Union, on 14th December 2012. The Respondent was ordered to deduct and remit to the Claimant, trade union dues and agency fees as required under Gazette Notice Numbers 16483 and 4336.
The Respondent did not implement the Award, forcing the Claimant to come back to the Court, seeking enforcement through an application for contempt of Court, against Respondent’s General Manager. The application is dated 21st March 2013.
The parties went before the Conciliator Mr. P. N. Macharia, who confirmed the Respondent has not honoured the Orders made by the Minister and the Court.
In view of this, the Court shall make the following Orders:-
1. The Respondent shall comply fully with the Award of the Court by payment of all the arrears of trade union dues and agency fees from the date of the Minister’s Order;
2. These arrears must be paid within 7 days of the delivery of this ruling;
3. In default, the Court directs that the General Manager be arrested and brought before the Court, to show cause why he should not be imprisoned; and
4. No order on the costs.
Dated and delivered at Nairobi this 10th day of June 2013
James Rika
Judge