JUDGMENT OF THE COURT
On 26th January, 2017, Jumbo Foam Mattresses Limited filed an appeal against the judgment of Wasilwa, J dated 14th March, 2014.
The appeal stems from a claim filed at the Industrial Court by Kenya Chemical and Allied Workers Union (the then claimant and the respondent herein) against Jumbo Foam Industries Limited (the then respondent and the appellant herein) in which the respondent blamed the appellant for refusal to sign a recognition agreement, to implement deductions of union members and for threats and intimidation of workers for joining the union. In its Memorandum of Claim filed at the Industrial Court on 20th August, 2013, the responded contended that on 26th October, 2012, it recruited workers of the appellant and forwarded a Recognition Agreement to the appellant for purposes of signing in order to formalize their relationship; that the appellant neither responded to nor acknowledged receipt of the Recognition Agreement; that the respondent sent several r…