[2013] KEELRC 633 (KLR)
The court found that the claimants' prayers had been fully met because the parties had, by consent, negotiated and signed a recognition agreement prior to the hearing. The existence of the signed agreement rendered the dispute moot, and the court entered judgment in terms of the consent. The court further ordered...
Source-derived case information.
- Citation
- [2013] KEELRC 633 (KLR)
- Parties
- Applicant: KUDHEIHA Workers; Respondent: The Chairman B.O.G Malava High School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 103 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimants by consent; prayers fully met
- Judges
- HS Wasilwa
- Legal Topics
- Recognition Agreement, Collective Bargaining, Trade Union Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KUDHEIHA Workers
Applicant
The Chairman B.O.G Malava High School
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent should be compelled to sign a recognition agreement with the claimant union.
- 2 Whether the claimants' prayers have been satisfied by the parties' subsequent agreement.
Ratio Decidendi
The court found that the claimants' prayers had been fully met because the parties had, by consent, negotiated and signed a recognition agreement prior to the hearing. The existence of the signed agreement rendered the dispute moot, and the court entered judgment in terms of the consent. The court further ordered the parties to proceed to negotiate terms and conditions of employment, as the recognition agreement now provided the legal framework for such negotiations.
Court Disposition
judgment for the claimants by consent; prayers fully met
Orders
- Judgment entered for the claimants in terms of the consent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 103/2013
(formerly Nairobi No. 2073/2011)
(Before Hon. Justice Hellen Wasilwa on 8th July, 2013)
KUDHEIHA WORKERS …..............................................CLAIMANTS
VERSUS
THE CHAIRMAN B.O.G MALAVA
HIGH SCHOOL ….....................................................RESPONDENTS
JUDGMENT
The claimants Kudheiha Workers filed this claim on 8. 12. 2011 seeking order that the respondents be compelled to sign a recognition agreement. They alleged that the respondents had refused to enter into a recognition agreement with them.
A dispute had been reported to the Minister of Labour and a conciliator appointed for the purpose. The conciliation meetings prompting the conciliator to refer the parties to court.
The respondents filed their reply to defence on 10. 2.2012 through the firm of M/s Omukunda & Co. Advocates. They averred that the school had no recognition agreement with claimants because it was never approached for this purpose.
The matter was set down for hearing. However on 8/7/2013 the parties presented to court a consent in the terms that:-
“On 1 7. 6.2013 the parties to the dispute met and negotiated an agreement and thereafter signed a Recognition Agreement”.
This being the position, it is apparent that the claimants' prayers have been fully met. I therefore enter judgment for the claimants in terms of the consent and order that the parties do proceed and negotiate for terms and condition of employment.
HELLEN WASILWA
JUDGE
8/07/2013
Appearances:-
Joseph Okwach for claimants present
Omukunda for respondents present
CC. Sammy Wamache.