KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES v RAI PLYWOOD KENYA LTD [2002] KEELRC 24 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.)

CAUSE NO. 86 OF 2001.

KENYA BUILDING, CONSTRUCTION,

TIMBER,FURNITURE & ALLIED INDUSTRIES..........Claimants.

-v -

RAI PLYWOOD KENYA LTD..................................Respondents.

Issue in Dispute:-

“Refusal to implement wage increase of 58 drivers (hereinafter called the grievants) in violation of CBA, namely:

1. R. Okari

2. C. Sang

3. M. Alumasi

4. S. Korir

5. M. Gathura

6. B. Koskei

7. G. Mwangi

8. M. Biwott

9. B. Munyoroku

10. J. Shiraya

11. C. Odera

12. J. Kiarei

13. J. Ateya

14. J. Mbugua

15. A. Manyange

16. S. Warutere

17. A. Atieno

18. J. Nganga

19. B. Kiptoo

20. P. Kiplagat

21. P. Maranga

22. T. Dishon

23. J. Nyahura

24. G. Ouma

25. F. Kinyua

26. M. Sigsin

27. S. Shijire

28. S. Gichui

29. K. Korir

30. J. Cheto

31. D. Ndegwa

32. D. Foro

33. J. Kamara

34. J. Ngeno

35. P. Kirwa

36. P. Chirchir

37. S. Rotich

38. P. Wafula

39. A. Azangu

40. L. Alex

41. C. Kimenyi

42. S. Metto

43. M. Chakuku

44. K. Kogo

45. M. Kiplelei

46. P. Mburu

47. J. Etiang

48. F. Ngige

49. Z. Sabwa

50. J. Tuwsi

51. L. Ibwaga

52. H. Chepkwony

53. J. Kemei

54. D. Mwaura

55. P. Cheruiyot

56. G. Mwangi

57. N. Chege

58. C. Komen

No appearance for the Claimants (hereinafter called the Union).

No appearance for the Respondents (hereinafter called the Company).

A W A R D.

This dispute was referred to the Court for consideration and determination by the Minister for Labour on 5th September 2001 in exercise of 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). The reference, together with the statutory certificate from the Labour Commissioner under Section 14, subsection (9)(e) of the Act, were received by the Court on 10th September 2001, and the dispute was listed for mention on 27th September2001. On this date, Mr. R.M. Muthanga appeared for the Company but there was no appearance for the Union. In the circumstances, the dispute was listed for another mention on 11th October 2001 when Messrs. D.G. Mucheru and L.W. Kariuki, who appeared for the parties respectively were directed to submit or file their respective written memoranda or statements on or before 12th November and 13th December 2001, and the dispute was fixed for hearing on 14th February 2002. The Union submitted its memorandum on 12th November 2001, but the Company did not file any reply thereto. On 14th February 2002, however, the parties gave an indication that they might come to a compromise; and accordingly the dispute was listed for a further mention to-day, i.e. 7th March 2002.

This morning, the parties presented a memorandum of settlement, dated 6th March 2002, and duly signed by Mr. Francis Murage, National General Secretary, Mr. Julius Maina, Assistant National General Secretary, Mr. Joseph Jaluo, Branch Secretary, and Mr. Noah Obel, Chief Shopsteward, on behalf of the Union and Mr. Morris Etsula, Personnel Manager, on behalf of the Company. The memorandum of settlement was witnessed by Mr. L.W. Kariuki, Senior Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the settlement, the relevant part of which is reproduced below:-

“…………………..all those drivers……………………….. shall be paid 15%wage increase as per the Agreement of 1st July 1998.

After payment of all their dues, this shall form the full and final settlement of the dispute.”

In my view, the terms of the settlement are fair and reasonable, and I award as prayed for and close the file.

DATED and entered at Nairobi this 7th day of March 2002.

Charles P. Chemmuttut,

JUDGE.