KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v KENYA TEA PACKERS LTD  eKLR
IN THE INDUSTRIAL COURT OF KENYA
(Present: Charles P. Chemmuttut, J.)
KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION.......................................Claimants.
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KENYA TEA PACKERS LTD.....................................................................................Respondents.
Issue in Dispute:-
F.K. Waweru, Deputy General Secretary, for the Claimants (hereinafter called the Union).
L.W. Kariuki, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Company).
The Notification of Dispute, Form ‘A’, dated 13th March 2001, together with the statutory certificate from the Labour Commissioner under Section 14, subsections (7) and (9)(e) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 27th March 2001, and the dispute was listed for mention on 6th April 2001. On this occasion, Mr. G.M. Muchai, for Mr. Waweru, and Mr. J.N. Namasake, who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements on or before 20th April and 11th May 2001, and the dispute was fixed for hearing on 14th June 2001. The Union submitted its memorandum on 3rd May 2001, but the Company did not file its reply statement as directed. On 14th June 2001, a Mr. Wamboye, for Mr. Waweru, and Mr. Kariuki appeared for the parties respectively, and the case was rescheduled for hearing on 19th September 2001. The Company filed its reply statement on 18th June 2001. On 19th September 2001, Mr. Waweru and Mr. Kariuki appeared for the parties respectively; and on their joint application, the matter was listed for another mention on 11th October 2001, to give the parties an opportunity to explore the possibility of an amicable settlement out of Court. On 11th October 2001, Messrs. Waweru and Kariuki, who appeared for the parties respectively, reported that they were unable to settle the matter; and in the circumstances, the dispute was fixed for hearing on 13th February, 2002.
But this morning, Messrs. Waweru and Kariuki appeared for the parties respectively and presented a memorandum of settlement, dated 2nd November 2001, and duly signed by Mr. F.K. Waweru, on behalf of the Union, and Mr. R.K. Chirchir, on behalf of the Company. The memorandum of settlement was witnessed by Mr. L.W. Kariuki. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“The parties referred to above have to-day agreed on an out of Court settlement of 17% Wage Increase for all unionisable employees spread over two years, that is , 1st January, 2000 to 31st December, 2001”.
In my view, the terms of the settlement are fair and reasonable; and I, therefore, award in terms thereof.
DATED and given at Nairobi this 6th day of November, 2001.
Charles P. Chemmuttut,