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SIMON OTIENO ADEDE & 4 ORS.
V.
KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS

(2016) JELR 93178 (CA)

Court of Appeal 12 Feb 2016 Kenya
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Case Details

Suit Number:Civil Appeal 56 of 2015
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Simon Otieno Adede & 5 others v. Kenya Union of Commercial Food And Allied Workers

JUDGMENT OF THE COURT

The appellants have challenged the ruling of the Employment and Labour Relations Court delivered on 1st July 2015 (M. Onyango, J.) directing the appellants to immediately reinstate employees of the 2nd appellant and pay all salary withheld; summoning the appellants to appear in that court; and ordering issue of a warrant of arrest and punishment by fine in the event of the appellants’ failure to appear in that court.

In a ruling delivered on 6th November 2014, the Employment and Labour Relations Court ordered that the suspension of the employees of the 2nd appellant be lifted; that the employees be paid the arrears of half salary that had not been paid since their suspension from employment. That court also directed that any disciplinary process that had to be meted out to the employees be fair, expeditious and should follow due process.

According to the respondent, the appellants breached the orders given on 6th November 2014. It therefore applied to the court, by …

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