Kenya Union of Commercial, Food & Allied Workers v Pearl Drycleaners Ltd (Cause 40 of 2001) [2001] KEIC 15 (KLR) (28 August 2001) (Award)

Kenya Union of Commercial, Food & Allied Workers v Pearl Drycleaners Ltd (Cause 40 of 2001) [2001] KEIC 15 (KLR) (28 August 2001) (Award) KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v PEARL DRYCLEANERS LTD [2001] eKLR Neutral citation: [2001] KEIC 15 (KLR) Republic of Kenya In the Industrial Court at Nairobi Cause 40 of 2001 CP Chemuttut, J August 28, 2001 Between Kenya Union of Commercial, Food & Allied Workers Claimant and Pearl Drycleaners Ltd Respondent Award Terminal benefits to Mr. Christopher Ogony Olwenya (deceased)”. 1.In exercise of the powers vested in him by Section 8 of the [Trade disputes Act](http://kenyalaw.org/kl/fileadmin/pdfdownloads/RepealedStatutes/Trade_Disputes__Cap_234_.doc), Cap.234, Laws of Kenya (which is hereinafter referred to as the Act), the Minister for Labour referred this dispute to the court on 9th April 2001, for adjudication and determination. The reference, together with the statutory certificates from the Minister himself and the Labour Commissioner under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 10th April 2001, and the dispute was listed for mention on 20th April, 2001. On this occasion, Mr. K.A. Luvega appeared for the Union, but there was no appearance for the Company. In the circumstances, the dispute was listed for another mention on 25th May 2001, when Mr. Luvega again appeared for the Union, but there was no appearance for the Company. Despite the non-appearance of the latter, however, the parties were directed to submit or file their respective memoranda or statements on or before 21st June and 24th July 2001, and the dispute was fixed for hearing on 4th September, 2001. 2.The parties did not submit or file their memoranda or statements as directed; but by a letter dated 16th August, 2001, Mr. Agapio Muriuki, for and on behalf of the Secretary General of the Union, advised me that the parties have settled this matter on payment of Kshs.41,338/= to the deceased’s mother, and prayed that an award by consent be entered or made in terms of the settlement. It is stated that Kshs.20,669/= has already been paid leaving a balance of a similar amount of Kshs.20,669/= which is ordered to be made forthwith. 3.Accordingly, I award in terms of the settlement by consent and close the file. **DATED AND GIVEN AT NAIROBI THIS 28 TH DAY OF AUGUST, 2001.****CHARLES P. CHEMMUTTUT,****JUDGE.** No appearance for the Claimants (hereinafter called the Union).No appearance for the Respondents (hereinafter called the Company).