Employment Court declines to revisit dispute between Kibos Sugar and workers union

The Kenya Union of Sugar Plantation and Workers has suffered a major blow after a Kisumu court dismissed  application seeking reinstatement of their members by Kibos Sugar and Allied Industries without losing any benefits and priviledges.

Employment and Labour relation Court Judge Nzioki Wa Makau also barred the union from filing any other application in the case or before any other Employment and Labour Relations Registry on the same issues before him “without formal leave of this Court being first sought and obtained.”

Justice Makau stated that the court cannot issue further orders for compliance through a motion as the one before the court but can be moved for purposes of execution.

He added that the matter of reinstatement was dealt with in the court’s judgment and therefore “is not available as a remedy before this or any other court as the window for review or appeal are way past and therefore unavailable to the claimant and the grievants.”

In his view, he said that similar orders have been sought before the same court, specifically, the application of February 15, 2024 which was determined as well as the decision of the court on  July 24, 2024, which determined the amount payable to the union as Ksh 711,440.

He said that the court settled the dispute and if there was failure to pay the amount set, enforcement mechanisms were available to the claimants including execution and notice to show cause as appropriate.

“This court cannot issue further orders for compliance through a motion as the one before court but can be moved for purposes of execution,” he said.

The application relied on the affidavit of Elly Onyango Odero, who contended that Kibos Sugar and Allied Industries has continuously disobeyed the court’s orders issued on December 11, 2020, which directed it to unconditionally reinstate the workers.

He asserted that despite repeated reminders, Kibos Sugar and Allied Industries has persistently failed to comply, demonstrating a pattern of disregard for court directives.

Odero further argued that granting their application is necessary to alleviate the hardship suffered by union officials due to the Respondent’s ongoing defiance.

On its part, Kibos Sugar and Allied Industries submitted that the application is res judicata, asserting that the orders sought are identical to those in the application dated  February 15, 2024, which was determined by the court.

It further argued that “the amount due to the Claimant for the suspension period between  February 20, 2020 and December 11, 2020 was already computed by this court and duly paid.”

In determining the matter, Justice Makau concluded that the motion before the court is not fit for grant and  dismissed it with costs to Kibos Sugar as the motion is res judicata.