Cause 74 of 2002

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KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v CHANIA BOYS’ HIGH SCHOOL [2003] eKLR

Case Metadata
Case Number:	Cause 74 of 2002
Parties:	KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v CHANIA BOYS’ HIGH SCHOOL
Date Delivered:	19 Sep 2003
Case Class:	Civil
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v CHANIA BOYS’ HIGH SCHOOL [2003] eKLR
Court Division:	Industrial Court
Parties Profile:	Corporation v Corporation
County:	Nairobi
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.)

CAUSE NO. 74 OF 2002.

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL

INSTITUTIONS, HOSPITALS & ALLIED WORKERS........Claimants.

CHANIA BOYS’ HIGH SCHOOL..................................Respondents.

Issue in Dispute:-

Wrongful termination of services of:-

1. Elijah Shijire.

2. Ann Njoki Kamau.

William W. Wahome, Secretary General, for the

Claimants (hereinafter called the Union).

Gerald Magani, Advocate, of Dola Magani & Co., Advocates,

for the Respondents (hereinafter called the School).

A W A R D.

This dispute was referred to the Court for consideration and determination by the Minister for Labour on 7^th October, 2002, under powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act). The Minister’s reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9)(e) and (f) of the Act, were received by the Court on 8^th October, 2002. The Union submitted its memorandum on 17^th February, 2003, and the School filed its reply statement on 10^th April, 2003.

Consequently, there were negotiations between the parties for settlement of the dispute and some adjournments were taken by them for this purpose; and to-day, the parties presented the following settlement:-

“(a) Ksh.30,000/= to Elijah Shijire – Cheque No.101662 Consolidated Bank Thika.

(b) Ksh.20,000/= to Ann Njoki Kamau Cheque No.101663 dated 20^th September 2003 Consolidated Bank Thika.

The Balances will be paid thro’ Post Dated Cheques dated 30^th January 2004

VIZ: Elijah Shijire Cheque No.101664 for Ksh.107,775.00 (Kenya Shillings One Hundred Thousand and Seven, Seven Hundred and Seventy Five only) and Ann Njoki Kamau Cheque No.101665 for Ksh.67,675.00 (Kenya Shillings Sixty Seven Thousand, Six Hundred Seventy Five only).”

In my humble opinion, the terms of settlement are fair and reasonable and I award in terms thereof.

DATED and given at Nairobi this 19^th day of September, 2003.

Charles P. Chemmuttut,

JUDGE.

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