Automated Summary
Key Facts
The Kenya Union of Entertainment and Music Employee (claimant) was ordered to pay five grievants a total of Kshs. 239,394.00, which M/S Vanguard Limited (respondent) had previously transferred to the union. The court ruled that the union must remit the full amounts to the grievants without deducting one-third or 'union dues,' as these deductions were not authorized by the prior 2010 judgment. The union had withheld the funds, and the respondent's assistant secretary general acknowledged the claim. The ruling also barred the union from subverting the court's judgment and abusing its office, with costs awarded to the respondent.
Issues
- The application aimed to prevent the union from undermining the 2010 judgment and to address the Secretary General's alleged abuse of office. The court highlighted the risk of contempt and the need to uphold judicial dignity. It ordered the union to comply fully with the earlier ruling, ensuring no further subversion of its authority and requiring adherence to the specified payment terms.
- The court ruled that the Kenya Union of Entertainment and Music Employee (claimant) must pay the grievants their entitled dues, which were withheld despite being received from the respondent. The union was ordered to forward the full amounts without any deductions, as the prior judgment (2010) did not authorize such retention. Total dues amounted to Kshs. 239,394.00, with individual allocations specified for five grievants.
- The claimant sought to deduct one-third of each grievant's entitlement and additional 'union dues' from the funds received, despite the 2010 judgment explicitly disallowing such deductions. The court barred these actions, emphasizing that the union's claims to retain portions of the dues were spurious and not supported by the prior ruling. The union was instructed to remit the full amounts to the grievants.
Holdings
- The court barred the claimant from deducting any portion of the grievants' entitlements as union dues, rejecting claims of spurious deductions.
- The court directed the respondent to bear the costs of this application.
- The court ordered the respondent union to pay the grievants their dues totaling Kshs. 239,394.00 as detailed in the table (Johnson Maina Gichago: Kshs. 73,333.00; Wilfred Ochien gAkiki: Kshs. 26,667.00; Jane Karuga: Kshs. 74,667.00; Florence Gichago: Kshs. 39,667.00; Irene Siyatta: Kshs. 25,060.00).
Remedies
- The court directed that the costs of the application shall be borne by the respondent. This includes legal expenses incurred during the proceedings related to the enforcement of the 2010 judgment.
- The court barred the claimant from deducting one third of each grievant's entitlement or any alleged 'union dues' since the grievants were already contributing through monthly salary deductions. This prohibits the claimant from making any unauthorized deductions from the grievants' awarded amounts.
- The respondent union is ordered to pay the grievants the following amounts: Johnson Maina Gichago Kshs. 73,333.00, Wilfred Ochien gAkiki Kshs. 26,667.00, Jane Karuga Kshs. 74,667.00, Florence Gichago Kshs. 39,667.00, Irene Siyatta Kshs. 25,060.00, totaling Kshs. 239,394.00. The court affirmed the grievants' entitlement to these amounts after the claimant failed to remit their share despite being paid the full sum by the respondent.
Monetary Damages
239394.00
Legal Principles
The court enforced its prior judgment from December 2010 by ordering the respondent union to remit funds to grievants and prohibit unauthorized deductions, ensuring compliance with the previous ruling.
Precedent Name
Industrial Court Cause No. 842 of 2010
Cited Statute
N/A
Judge Name
D.K. Njagi Marete
Passage Text
- There does not appear to be any dispute regarding dues to the grievant/applicants. These are not denied or opposed, or at all. I therefore order the respondent union to pay the grievants/applicants their dues as follows; Johnson Maina Gichago: Kshs. 73,333.00, Wilfred Ochien gAkiki: Kshs. 26,667.00, Jane Karuga: Kshs. 74,667.00, Florence Gichago: Kshs. 39,667.00, Irene Siyatta: Kshs. 25,060.00 (Total: Kshs. 239,394.00).
- That the claimant be and is hereby barred from deducting one third or any deductions whatsoever from the grievants entitlements as union dues or at all.