Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited; Retail Management Solutions Limited & another (Interested Parties) [2024] KEELRC 764 (KLR)

Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited; Retail Management Solutions Limited & another (Interested Parties) (Cause E006 of 2024) [2024] KEELRC 764 (KLR) (11 April 2024) (Order)

Neutral citation: [2024] KEELRC 764 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kakamega

Cause E006 of 2024

JW Keli, J

April 11, 2024

Between

Kenya Union of Sugar Plantation and Allied Workers

Applicant

and

West Kenya Sugar Company Limited

Respondent

and

Retail Management Solutions Limited

Interested Party

Handyman Staffing Limited

Interested Party

Order

The court having heard the parties orally opines that :- 1. The interim orders dated 26th March, 2024 cannot stand based on fact that the outsourced employees have been in place since 2019 and further no evidence of threat of termination of the contracts of the union member employees.

2. That matter is referred to court annexed mediation for parties to agree on pending accrued arrears for unionized employees, terms and condition of service of the union members outsourced including whether CBA by parties is applicable and deduction of union dues for outsourced members of the union.

3. The order dated 26th March, 2024 is vacated.

4. The mediator to file mediation report and agreement if any by 20th June, 2024.

5. Mention on 24th June, 2024 to adopt the mediation agreement in settlement of dispute or proceed to hearing on merit.

6. It is so ordered.

SIGNED , DATED AND DELIVERED IN OPEN COURT AT BUNGOMA THIS 11THDAY OF APRIL, 2024. JEMIMAH KELI,JUDGE.In the presence of :-Court Assistant : BrendaAkhonya for Claimant presentOgola & Wachira for Respondent Present