- Nairobi Employment and Labour Relations Court judge Anna Mwaure issued the orders after fruitless efforts to allow the pilots to agree with Kenya Airways on a temporary return-to-work formula.
- The October 31 order issued by Justice James Rika required pilots to halt their strikes.
Image: DOUGLAS OKIDDY
Striking KQ pilots were Tuesday ordered to resume work as negotiations between their association and Kenya Airways continues.
Nairobi Employment and Labour Relations Court judge Anna Mwaure issued the orders after fruitless efforts to allow the pilots to agree with Kenya Airways on a temporary return-to-work formula.
"The respondent’s members and especially the Kenya Airways pilots resume their duties as pilots at 6 am on November 9, 2022, unconditionally,” the judge said.
She directed that Kenya Airways allow the pilots to perform their duties without harassment or intimidation, especially by not taking any disciplinary action against any of them pending the hearing and determination of the matter.
The pilots had been summoned to court after KQ commenced contempt of court proceedings against 11 officials of the Kenya Airlines Pilots Association for disobeying an order that stopped the industrial action.
The October 31 order issued by Justice James Rika required pilots to halt their strikes.
However, Kapla commenced its work boycott on Saturday, November 4 leading to the grounding of several planes that left thousands of passengers stranded.
In court on Tuesday, the pilots asked for seven days to file responses on the contempt proceedings saying they had not disobeyed the orders willfully.
Through lawyers Kimani Kiarie and Levy Munyeru, the pilots said they were engaged in negotiations with KQ and that they had reached an agreement on 80 per cent of the grievances.
They said the 11 Kapla officials needed time to appoint lawyers to argue their case against contempt proceedings.
Similarly, Kiarie said the pilots would want the court to direct the matter to be resolved via court-annexed mediation.
“A lot of ground has been covered and a proposal on a return-to-work formula tabled,” Kiarie said.
KQ lawyer senior counsel John Ohaga has asked the court to direct the pilots to resume work as negotiations persist.
“I am not sure what they want. Whether time to respond or annexed mediation, whatever route they take they must comply with orders of November 31 because a party can’t be in breach of court orders and at the same time seek to instigate a dispute resolution mechanism,” Ohaga said.
He said the parties could not go to mediation with the aircrafts grounded and KQ continuing to make losses.
The court gave the pilots until Friday, November 11 to file their responses to the case that sought the strike to be declared illegal and the charges of contempt of court. The responses should also be served to Kenya Airways.
The judge directed the applicant to file their written submissions by November 15 and respondents by November 17.
The case will be mentioned on November 21 for compliance and to give a date for ruling.
Justice Mwaure asked the parties to pursue alternative dispute resolution. She said the court should be informed should an agreement be reached.
“Since the parties have come to court and the court is fully seized of the matter, the parties are ordered to refrain from prosecuting the matter through the media or in the public gallery and allow the court to handle the matter henceforth,” she added.