KENYA UNION OF ENTERTAINMENT AND MUSIC INDUSTRY EMPLOYEES V BOMAS OF KENYA [2013] KEELRC 229 (KLR)

REPUBLIC OF KENYA

Industrial Court at Nairobi

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BETWEEN

KENYA UNION OF ENTERTAINMENT AND MUSIC INDUSTRY EMPLOYEES…………………..CLAIMANT

VERSUS

BOMAS OF KENYA……………………………………………………………………………...….RESPONDENT

Rika J

CC. Leah Muthaka

Mr. Macuha for the Claimant

Mr. Masese for the Respondent

RULING

This Court delivered an Award in favour of the Claimant Union, on 14th December 2012. The Respondent was ordered to deduct and remit to the Claimant, trade union dues and agency fees as required under Gazette Notice Numbers 16483 and 4336.

The Respondent did not implement the Award, forcing the Claimant to come back to the Court, seeking enforcement through an application for contempt of Court, against Respondent’s General Manager. The application is dated 21st March 2013.

The parties went before the Conciliator Mr. P. N. Macharia, who confirmed the Respondent has not honoured the Orders made by the Minister and the Court.

In view of this, the Court shall make the following Orders:-

1. The Respondent shall comply fully with the Award of the Court by payment of all the arrears of trade union dues and agency fees from the date of the Minister’s Order;

2. These arrears must be paid within 7 days of the delivery of this ruling;

3. In default, the Court directs that the General Manager be arrested and brought before the Court, to show cause why he should not be imprisoned; and

4. No order on the costs.

Dated and delivered at Nairobi this 10th day of June 2013

James Rika

Judge