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KENYA HOTELS AND ALLIED WORKERS UNION
V.
HILTON HOTEL NAIROBI

(2022) JELR 113449 (CA)

Court of Appeal 4 Feb 2022 Kenya
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- The appellant, Kenya Hotels and Allied Workers Union, filed suit against Hilton Hotel Nairobi alleging intimidation of union members, unlawful deduction of agency fees and service charges, and refusal by the respondent to sign a recogniti

Case Details

Suit Number:Civil Appeal 259 of 2016
Judges:AK Murgor, JA M Ngugi, JA P Nyamweya, JA
Location:Nairobi

JUDGMENT

  1. By way of a Memorandum of Claim dated 18th August 2014 brought in the Employment and Labour Relations Court at Nairobi ( hereinafter “the trial court”) by the appellant, Kenya Hotels and Allied Workers Union, against the respondent, Hilton Hotel Nairobi, the appellant claimed that the respondent had subjected its members to- a) intimidation and victimization on account of affiliation to the appellant union; b) unlawful deduction of agency fees and 0.5% service charge; and c) refused to sign a recognition agreement with the appellant.

  2. The appellant’s case was that a difference had arisen between the parties which had culminated in a trade dispute which was registered as Industrial Court Cause No. 85 of 2004, and that the appellant’s determination to enforce the award thereunder was frustrated by the respondent’s union and had resulted in discouraging registration of membership with the appellant.

  3. The appellant further claimed that by 30th July 2014, it had recruited 203 members o…

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