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ELRCAllowedCause No. 89 of 2006· [2007] KEELRC 12 (KLR)

KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v KENYA NJERU COFFEE ESTATE [2007] KEELRC 12 (KLR)

Industrial Court of Kenya
17 October 2007
CCCharles P. ChemmuttutOWO. A WafulaJKJ. M. Kilonzo
1,979 words in judgment
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The bottom line

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Kenya's Industrial Court ordered a coffee estate to pay 82 former workers their redundancy dues because it failed to show up and prove it had already paid them.

What this practically means

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Executive summary

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The Minister for Labour referred a trade dispute to the Industrial Court of Kenya at Nairobi under Section 8 of the Trade Disputes Act, Cap. 234, with a statutory certificate from the Labour Commissioner. The Union, registered under Section 11 of the Trade Unions Act to represent agricultural employees, claimed that the Estate, a coffee-growing and processing concern at Thika and a member of the Kenya Coffee Growers and Employers Association with which the Union had a recognition agreement and collective agreements, declared 84 employees redundant on 9th October 1989 without paying salary arrears, house allowance and redundancy benefits. A formal dispute reported on 7th October 1991 failed conciliation. The Estate filed a replying affidavit through its Managing Director asserting the claims had been resolved by the Labour Officer at Murang'a and paid in full, alleging duplication, concealment, misjoinder and non-service, but neither counsel nor the Managing Director attended the hearings despite several notifications, and no supporting evidence of payment was produced. The Court found the Union's demand unchallenged, corrected the list of grievants (removing one inadvertently included name and a duplication, leaving 82 grievants), and awarded each grievant the amounts set out in annexures A (permanent employees) and B (seasonal employees) of the Union's submission, directed payment within sixty days of the award. The award was dated and delivered at Nairobi on 17th October 2007.

Key legal issues

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01

Whether the Estate discharged the burden of proving that the grievants' dues were paid and the dispute previously resolved

Holding

The Estate's replying affidavit amounted to bare statements unsupported by evidence of payment; the Union's demand therefore stood unchallenged and the claim succeeded ex-parte

Reasoning

The Managing Director swore a replying affidavit asserting that the claims had been resolved by the Labour Officer at Murang'a and the dues paid in full, and alleging concealment, misjoinder and non-service. However, neither the counsel for the Estate nor the Managing Director attended the hearing despite several notifications, and no reasons were given for the non-appearance. The affidavit contained no supporting evidence of payment. The Court accordingly treated the Union's demand, including the tabulation of entitlements per grievant, as unchallenged and awarded the amounts claimed.

p. 4
02

The identity and number of the grievants entitled to redundancy benefits

Holding

The list of grievants was corrected: one name was inadvertently included and another repeated, reducing the grievants from 84 to 82

Reasoning

The dispute was framed as concerning 84 employees. The Court noted that Mr. James Njoroge, listed at No. 78, was inadvertently included, while the name of Ms. Esther Wanjiru, listed at No. 15, was repeated at No. 46. The total number of grievants who are the subject of the dispute was therefore 82, and the award annexures identify the permanent and seasonal employees and the amount payable to each.

p. 3

Legal principles established

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  • An unchallenged claim stands where the respondent, though notified severally, fails to appear or adduce evidence

Court orders

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  1. 1.The management of the Estate to pay the grievants the amounts indicated in annexures A and B of the Union's submission, which form part of the award
  2. 2.The entitlements to be paid to the grievants within sixty (60) days from the date of the award
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (reference by the Minister for Labour with statutory certificate under Section 14(9)(e))

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v KENYA NJERU COFFEE ESTATE [2007] KEELRC 12 (KLR)", Case Analysis (2007). Cause No. 89 of 2006. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2007/12/eng@2007-10-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.