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Kenya

Court stops implementation of CBA for Kenya Power workers

<strong>NAIROBI, Kenya, Mar 2 – The Employment and Labour Relations Court has stopped the implementation of a Collective  Bargaining Agreement for workers of  Kenya Power and Lighting Company.</strong>

Justice  Monica Mbaru set aside the orders issued on 27 February 2017 allowing Kenya  Electrical Trades and  Allied Workers Union to enter into the bargaining agreement with KPLC employees.

The  judge, in staying the orders for implementation of the bargaining agreement, was informed that the orders were obtained without disclosure of material facts by the Union.

KPLC lawyer Charles Mwongela, told the judge that the court was misled by the  Union regarding representation of parties including the  Salaries and remuneration Commission and the state corporation.

“Due process was not followed in that the input and contribution of SRC being the body mandated to advice and sanction remuneration of all public body was not made a part to the proceedings,” the lawyer said.

Mr Mwongela submitted that no exhaustive consultations between PLC and National Government were carried out as required by law.

He said the applicant (Union) never disclosed to the court that a similar suit had been filed seeking orders for the implementation of bargaining agreement and the same was rejected.

“The non-disclosure of material facts to the court is its self an abuse of fair administrative of justice” he added.

The court heard that Collective Bargaining Agreement had been negotiated on 27 January 2017 between workers and the employer, and the report was forwarded to the PS Ministry of Energy for transmission to SRC.

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Justice Mbaru further ordered the Union, Registrar Employment and Labour Relations court be served with her order stopping the implementation of the CBA.

She said that all parties in the dispute appear before Justice Wasilwa on 8 March 2017 for further directions.

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