KQ seeks orders to stop staff’s return

Kenya Airways has filed an application asking the Industrial Court to temporarily set aside a ruling that ordered the airline to reinstate 447 sacked workers. (Read: KQ staff win back their jobs)

The firm wants the stay order granted pending the hearing and determination of another application it has lodged at the Court of Appeal under a certificate of urgency where it is challenging the Industrial Court judgment that reinstated the workers.

Should the application be granted, the employees currently at home will have to stay away from Kenya Airways premises until the matter is heard and determined by the Court of Appeal.

Kenya Airways, through lawyer J. Awele, on Monday told Industrial Court Judge Monica Mbaru that unless the orders are granted, their application before the Court of Appeal will be rendered useless.

“We are requesting for an early date for the inter-parties hearing and if the workers through their lawyer object to our application, they can raise their issues during the hearing,” Mr Awele said.

The matter at the Court of Appeal has been certified urgent and forwarded to Chief Justice Willy Mutunga to constitute a three-judge bench to hear the matter as well as fix a hearing date.

In the Court of Appeal papers, Kenya Airways argues that as a result of the judgment directing that the 447 workers be reinstated, it is now faced with Sh103 million per month and Sh1.239 billion per annum wage bill, which it cannot sustain.

Lawyer Okweh Achiando, representing the workers told the Industrial Court that he wanted more time to study the application before he could respond.

The matter will be heard on December 21.