University Lecturer’s strike in Kenya full Court order (from labor relations court)

Read a full court order issued on 16th March 2018 by judge of Employment and Labour Relations court to call off the ongoing lecturers strike in Kenya. The strike is still on as University Academic Staff Union (UASU) and Kenya Universities Staff Union (KUSU) have so far not complied with the order and the matter is up for mention on 19th April 2018.

 UASU and KUSU unions say lectures strike 2018 ongoing despite being called off through a court order

University Academic Staff Union (UASU) and Kenya Universities Staff Union (KUSU) in unity show, insist that strike is still ongoing despite being called off through a court order/Photo Source

 

2018 University Lecturer’s strike court ruling

APPLICATION FOR ORDERS

  1. THAT this Honorable Court certifies this Application as urgent and the service 0f this Application upon the Respondent be dispensed with in the first instance and the application be heard ex-parte.
  2. THAT this Honourable Court be pleased to issue an order restraining the Respondent by themselves, their officials, agents and/or members from taking part in, calling instigating 0r inciting others to take pan in an unprotected strike or any form of industrial action pending the hearing and determination of this application.
  3. THAT this Honourable Court be pleased to issue an order restraining the Respondent by themselves, their officials, agents and/or members from taking part in, calling instigating or inciting others to take art in unprotected strike or any form of industrial action pending the hearing and determination of the Claim herein.
  4. THAT this Honourable Court declares the strike called by the Respondent in their notice dated on 21st February, 2018 unlawful and therefore unprotected.
  5. THAT this Honourable Court do allow the Claimant to serve the Respondent by way of substituted service by way of emails provided, registered post and or advertisement through the Nation daily newspaper.
  6. THAT the Respondent be condemned to pay the costs of this Application.

This matter coming up for ruling on Claimant’s application dated 1st March, 2018 before Hon. Justice Onesmus Makau 0n the 16th day of March, 2018 in the presence of the representative for the Claimant, the Respondent, the 1st‘ to 4th‘ Interested Party and the 5th Interested Party;

Court order on calling off the ongoing lecturers strike

IT IS HEREBY ORDERED:

  1. THAT an order is hereby issued restraining the Respondent by themselves, their officials agents and/or members from taking part in, calling, instigating or inciting others to take part in unprotected strike or any form of industrial action pending the hearing and determination 0f the claim herein.
  2. THAT the strike called by the Respondent in their notice dated on 21st February, 2018 is hereby declared unlawful and therefore unprotected.
  1. THAT the Claimant is hereby allowed to serve the Respondent by way of substituted service by way of emails provided, registered post and or advertisement through the Nation daily newspaper.
  2. This dispute is hereby referred to the Cabinet Secretary Labour to assist the parties to resolve the 2017-2021 C BA dispute under Section 70 of the Act within 60 days of today.
  3. THAT the Cabinet Secretary Labour should not appoint Mr. G.A Omondi who had earlier been appointed as the Conciliator.
  1. THAT the parties are directed and ordered to act in good faith and do the following without failure;
  • THAT the Respondent to call off the strike forthwith and the employees to resume work on Monday 19th March, 2018 at 008.00 hours.
  • THAT the Claimant to present to the CS Labour her counter proposal for the 2017- 2021 CBA and serve the Respondent within 30 days from the date hereof for use in the conciliation process.
  • THAT if the Respondent complies with the order (i) herein above her members shall not be victimized in any way for participating in the unprotected strike.
  1. THAT each party shall bear his or her own costs.
  2. THAT the suit will be mentioned on 17th April, 2018 to confirm compliance.
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