Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Mareba Eldoret Ltd (Cause 20 of 2003) [2004] KEIC 2 (KLR) (19 February 2004) (Award)

KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES EMPLOYEES’ UNION v MAREBA ELDORET LTD [2004] eKLR

Neutral citation: [2004] KEIC 2 (KLR)

Republic of Kenya

In the Industrial Court at Nairobi

Cause 20 of 2003

CP Chemuttut, J

February 19, 2004

Between

Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union

Claimant

and

Mareba Eldoret Ltd

Respondent

Award

Issue in Dispute:Refusal to pay redundancy benefits to 45 employees” (hereinafter called the grievants), namely:-1. Charles Ochango 2. Richard O. Mulakha3. Edward M. Kimuhu 4. Bernard G. Kariuki5. Martin S. Zakayo 6. Joshua A. Agoya7. John Kamindi 8. Justus A. Otunga9. Hudson A. Savala 10. Jackson Wambugu11. Bernard Ongessa 12. Morton Okida13. Michael A. Mabinda 14. Julius Mukaka15. Ainea M. Mbecha 16. Mathew Onyango17. Joseph Wawire 18. Fred Murunga19. Ephraim Alugaya 20. Gerald Akonya21. Wellington Odera 22. Samwel Mulera23. Ronald Wanjala 24. Michael Likwilu25. Boniface Muhati 26. Ben V. Ochieng27. Fred Musamali 28. Peter Asibiko29. Simon Mulinge 30. Sammy Mwangi31. Mary Nthiga 32. Frank Oduba33. Patrick Oduory 34. Samson Nandi35. Joshua Yimbebi 36. Anne Marabu37. Mary Kinuthia 38. Bernard Sidori39. Enos Mwangale 40. Issack Mwaura41. Kennedy Manda 42. Alfred Lubanga43. Peter Kibira 44. Joseph Lubanga45. David Ochieng

1.On 7^th April, 2003, the Minister for Labour referred this dispute to the Court for consideration and determination in accordance with the 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); and his 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 April, 2003. The dispute was then listed for mention on 24^th April, 2003, and the parties were notified to attend. Mr. Gikunju for the Union attended but there was no appearance for the Company. In spite of the latter’s absence, however, the parties were directed to submit or file their respective written memoranda or statements by 26^th May and 26^th June, 2003, respectively, and the dispute was fixed for hearing on 15^th July, 2003. The parties were again notified to comply and attend. Mr. Gikunju submitted his memorandum on 29^th May, 2003, but the Company neither filed its reply statement as directed nor attended. On 15^th July, 2003, only Mr. Gikunju attended; and under the circumstances, the dispute was rescheduled for hearing on 29^th October, 2003, and the Company was granted another opportunity to file its reply statement by 15^th August, 2003. But it did not do so. On 29^th October, 2003, Mr. J.A. Wananda, who appeared for the Company, applied for adjournment of the matter to enable the parties explore the possibility of an amicable settlement out of Court. Mr. Gikunju for the Union did not object to the application for adjournment, and the case was stood over generally.

2.Consequently, the parties presented or filed the following memorandum of settlement, dated 19^th December, 2003, duly signed by Messrs. Wananda and Gikunju for the parties:-By consent,(a)The amount now due has been agreed at Kshs.4,455,251.40.(b)The said amount be settled in twenty-nine (29) instalments of Kshs.150,000/= each and one of Kshs.105,251.40, commencing the first day of December 2003 and thereafter on the first day of each succeeding month until payment in full.”

3.In my humble consideration, the terms of the amicable settlement are fair and reasonable, and I enter an award by consent as above.

DATED AND GIVEN IN NAIROBI THIS 19^TH DAY OF FEBRUARY, 2004.CHARLES P. CHEMMUTTUT,JUDGE.

Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Mareba Eldoret Ltd (Cause 20 of 2003) [2004] KEIC 2 (KLR) (19 February 2004) (Award)

Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Mareba Eldoret Ltd (Cause 20 of 2003) [2004] KEIC 2 (KLR) (19 February 2004) (Award)

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