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…REPUBLIC OF KENYA IN THE INDUSTRIAL COURT OF KENYA AT NAKURU CAUSE NO. 96 OF 2013 BERNARD DAMUNGA NDUNDA...........................................................................CLAIMANT -VERSUSKERIO VALLEY DEVELOPMENT AUTHORITY…

…Under section 3 of the Industrial Court Act, 2011, the guiding principal in the exercise of the powers of the court is to facilitate the just, expeditious and proportionate resolution of disputes governed by the Act.…

…Cause 139 (N) of 2009) [2014] KEIC 9 (KLR) (Employment and Labour) (22 December 2014) (Ruling) Moses Kiprotich Rutto & Others v Telkom Kenya Limited [2014] eKLR Neutral citation: [2014] KEIC 9 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL…

…COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU, J DECEMBER 22, 2014 REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU, J DECEMBER…

…IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI. (Before: Charles P. Chemmuttut, J.) CAUSE NO.8 OF 2002.…

…Referral of dispute to Industrial Court (1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the rules of the Industrial Court. (2) Notwithstanding…

…the provisions of subsection (1), if a trade dispute— (a) is one in respect of which a party may call a protected strike or lockout, the dispute may only be referred to the Industrial Court by an aggrieved party that has…

…IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI. (Present: Charles P. Chemmuttut, J.). CAUSE NO. 118 OF 2003.…

…union may refer the dispute for conciliation in accordance with the provisions of Part VIII. (7) If the dispute referred to in subsection (6) is not settled during conciliation, the trade union may refer the matter to the Industrial…

…Court under a certificate of urgency. (8) When determining a dispute under this section, the Industrial Court shall take into account the sector in which the employer operates and the model recognition agreement published…

…union may refer the dispute for conciliation in accordance with the provisions of Part VIII. (7) If the dispute referred to in subsection (6) is not settled during conciliation, the trade union may refer the matter to the Industrial…

…Court under a certificate of urgency. (8) When determining a dispute under this section, the Industrial Court shall take into account the sector in which the employer operates and the model recognition agreement published…

…On the Issue of jurisdiction the Respondent submitted that the lower court had jurisdiction to hear and determine this matter as by the time the Industrial court came in to operation in 2011 the matter was already partly…

…It is noted that the hearing of witnesses in this matter from the attached proceedings kicked off on 20th October, 2010 and the Industrial Court became operational by an Act of Parliament in 2011.…

…objected to, and shall within the same period send a copy of the statement to any other person affected by the decision. 2) An objector may, within thirty days of the Director’s reply being received by him, appeal to the Industrial…

…Court against such decision.” 14 Plainly, the only person who can approach the Employment and Labour Relations Court under the provisions of section 52 is one who engages the Director by way of an objection under section…

…To exclude the jurisdiction of the Industrial Court from dealing with any other rights and fundamental freedoms howsoever arising from the relationships defined in Section 12 of the Industrial Court Act 2011 or to interpret…

…the Constitution, would lead to a situation where there is parallel jurisdiction between the High Court and the Industrial Court.…

…of the Labour Relations Act, and having exhausted this requirement, Section 73 of the Labour Relations Act provides that if a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial…

…Court in accordance with the rules of the Court. 24.…

…Court Procedure Rules Act.…

…Determination Before addressing the instant application and the orders sought, the respondent, as the applicant, has based its application on the provisions of Section 16 of the Industrial Court Procedure Rules Act.…

…The Industrial Court is a specialist court to deal with employment and labour relations matters. …

…By virtue of Article 162(3), Section 12 of the Industrial Court Act, 2011 has set out matters within the exclusive domain of that court.  …

…Section 73(1) of the Labour Relations Act provides that:- “ If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the industrial court in accordance with the rules of the industrial…

…court.” 12.…

…The Claimant relied on Industrial Court Cause No. 238 of 2013, K.B.C.T.F.I.E.…

…The existence of the Recognition Agreement was, moreover, considered in Industrial Court Cause No. 238 of 2013, K.B.C.T.F.I.E.…

…The Industrial Court is a specialist court to deal with employment and labour relations matters. …

…By virtue of Article 162(3), Section 12 of the Industrial Court Act, 2011 has set out matters within the exclusive domain of that court.  …

…This I believe is obviously to take care of any lacuna created by the lapses of the Industrial Court (Procedure) Rules, 2010 and even statute.…

…I agree with the submissions by the Respondent that the Industrial Court Act, 2011 and the Rules of this Court do not address the issue of stay of execution or even leave to appeal.…

…Section74 of the LRA provides that: “A trade union may refer a dispute to the Industrial Court as a matter of urgency if the dispute concerns – (a) The recognition of the trade union in accordance with section 62; or (b)…

…(c)If no settlement is arrived at from the process at Step (ii) above, either party may report the issue to the Industrial Court for adjudication.” 16.…

…Court determines particulars which ought to have been included or referred to in a statement given under these sections, the employer shall be deemed to have given to the employee a statement in which those particulars were…

…included or referred to as specified in the decision of the Industrial Court. (3) Where under subsection (1) the Industrial Court has to determine whether the statement given complies with a statement under section 10, 13…