[2007] KEELRC 11 (KLR)
The court found that its previous order dismissing the dispute was clear, unambiguous, and did not violate any written law or principles of natural justice. The annexures demonstrated that the grievants had been paid their final dues and had signed discharge certificates, and this was not contested by the Union. The...
Source-derived case information.
- Citation
- [2007] KEELRC 11 (KLR)
- Parties
- Applicant: Tailors & Textiles Workers’ Union; Respondent: Tarpo Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 52 of 2007
- Procedural Posture
- Interpretation Application / Application for Interpretation of Order Under Section 16(5) of the Trade Disputes Act
- Outcome
- Application for interpretation summarily rejected as vexatious, frivolous, and an abuse of the court process.
- Legal Topics
- Wrongful Dismissal, Terminal Dues, Discharge Certificates, Natural Justice, Review of Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tailors & Textiles Workers’ Union
Applicant
Tarpo Industries Ltd
Respondent
Procedural Posture
Interpretation Application / Application for Interpretation of Order Under Section 16(5) of the Trade Disputes Act
Legal Issues
- 1 Whether the court's previous order dismissing the dispute required interpretation under Section 16(5) of the Trade Disputes Act.
- 2 Whether the order was inconsistent with written law, punitive, or against the principles of natural justice.
- 3 Whether the application for interpretation amounted to an appeal against the court's order.
Ratio Decidendi
The court found that its previous order dismissing the dispute was clear, unambiguous, and did not violate any written law or principles of natural justice. The annexures demonstrated that the grievants had been paid their final dues and had signed discharge certificates, and this was not contested by the Union. The application for interpretation was deemed to be an attempt to appeal the court's order under the guise of seeking interpretation, which is not permissible. Consequently, the court summarily rejected the application as vexatious, frivolous, and an abuse of the court process.
Court Disposition
Application for interpretation summarily rejected as vexatious, frivolous, and an abuse of the court process.
Orders
- The application for interpretation of the order is summarily rejected.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA.
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.,
O.A. Wafula & J.M. Kilonzo, Members.)
CAUSE NO. 52 of 2007.
TAILORS & TEXTILES WORKERS’ UNION...........................................Applicants.
v.
TARPO INDUSTRIES LTD................................................................Respondents.
Issue in Dispute:-
(i)“Wrongful dismissal of six(6) employees” (hereinafter calledthe grievants), namely:-
1. Titus Mbau Nyoike.
2. Duncan Onyango.
3. Peterson Jomo.
4. Kennedy Nyaoro.
5. Gabriel Obonyo.
6. Harrison Kanyi.
(ii) Refusal by the employer to pay them their terminal dues.
No appearance for the Applicants (hereinafter called the Union.)
No appearance for the Respondents (hereinafter called theCompany).
INTERPRETATION OF THE AWARD (read ORDER).
In its order, dated 27th September, 2007, the Court dismissed the dispute on the ground that the grievants, who worked for the Company as piece rate workers between 2001 and 2004, were paid their dues in full and final settlement of their respective claims against the Company on termination of their contracts and that they signed discharge certificates thereof.
On 30th October, 2007, the General Secretary of the Union, Mr. William Muga Aketch, filed an application for interpretation of the order under Section 16 (5) of the Trade Disputes Act, Cap. 234, Laws of Kenya, in which he urged the Court to review and set aside the order as it was inter alia inconsistent with the written law, punitive and against the principles of natural justice. In the circumstances, he prayed that the matter be heard on merits.
We have carefully perused the grounds of the application for interpretation of the order, together with the annexures attached thereto, but we find nothing to warrant the interpretation of the order. The order is very clean and unambiguous, and it neither suffers from any defect nor does it violate any written law, e.t.c. The annexures (Anns. 8 to 13) in the main dispute show that the grievants were paid their respective final dues and this assertion was not challenged by the Union. Accordingly, this application for interpretation of the order amounts to an appeal against the order of the Court; and this being the case, the same is summarily rejected as vexatious, frivolous and an abuse of the Court process.
DATED and given in Nairobi this 1st day of November, 2007.
Charles P. Chemmuttut, MBS.,
JUDGE.
O.A. Wafula,J.M. Kilonzo,
MEMBER.MEMBER.