KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v AGA KHAN HOSPITAL [2004] KEELRC 2 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Before: Charles P. Chemmuttut, J.)

CAUSE NO.30 OF 2003.

KENYA UNION OF DOMESTIC, HOTELS,

EDUCATIONALINSTITUTIONS, HOSPITALS & ALLIED WORKERS.........Claimants.

v.

THE AGA KHAN HOSPITAL.................................................................Respondents.

Issue in Dispute:-

“Redundancy of 39 (thirty nine) security staff.”

S.N. Mwari for the Claimants (hereinafter called the Union).

L.W. Kariuki, Principal Executive Officer, F.K.E., for the Respondents (hereinafter called the Hospital).

AWARD BY CONSENT.

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 Minister for Labour referred this dispute to the Court on 7th April, 2003 for consideration and determination; 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 22nd April, 2003. The Union submitted its memorandum on 9th June, 2003, and the Hospital filed its reply statement on 14th July, 2003. The matter was subsequently adjourned on a couple of occasions to give the parties an opportunity to explore the possibility of an amicable settlement out of Court.

This morning, the parties informed the court that the case has been settled amicably, and in support thereof they presented or filed the attached payment schedule of 38 security staff and prayed that an award by consent be entered.

I have carefully perused through the said payment schedule, and in my humble view, the terms of the settlement are fair and reasonable. In the circumstances, I enter an award by consent as prayed for by the parties and close the file.

DATEDand given at Nairobi this 16th day of June, 2004.

Charles P. Chemmuttut,

JUDGE.