ELRC CAUSE NO. E790 OF 2022 KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS AND HOSPITAL WORKERS –VS- THE UNIVERSITY OF NAIROBI AND OTHERS.
KUDHEIHA filed uniform claims against the University of Nairobi on 14th October, 2022 seeking:
- An order directing the University to compensate all its employees who did not receive uniforms.
- An order directing the University to issue uniforms to its employees in accordance with the provisions of the CBA.
- An order directing the University to fully implement the CBA, and
- Costs plus interest.
N/B: The claim on gratuity payment was determined and finalized in Cause No. E722 of 2022 where court stated that a CBA cannot apply in retrospect. Consequently, the Judgments herein was on the issues raised above. KUDHEIHA therefore claimed for payment of uniforms or compensation in lieu of uniform. Uniforms herein included suits, shoes, neck scarf, shirts, dust coats, soaps, trousers, etc. A budget for a staff uniform was estimated at a cost of Kshs.167, 500 per year for all 1000 staff represented by KUDHEIHA. Some of the staff had worked for over 31 years. Therefore, the quantum of the claim was estimated at Kshs. 5,192,500,000.
The claim was successfully defended internally and in a judgments delivered on 25th July, 2024 by Hon. Lady Justice Linnet Ndolo, agreed with the University position that uniforms are issued to staff as a tool of trade and are to that extent the property of the employer, and where the staff had purchased such uniform from prequalified suppliers, then the University was obliged to refund/reimburse uniforms purchased by the employee.
The Court found no basis to grant uniform repayment sought by the Union and the entire claim failed and was dismissed with an order that each party bear its own cost.
In summary, the University succeeded in saving a staged claim of Kshs. 5.2 Billion plus legal costs that would arise from defending such a claim over a period of more than Thirty One years.
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