Kenya: Court Orders KQ, Pilots to Consult, Submit Report By 2:30pm

8 November 2022

Nairobi — The Employment and Labour Relations Court has ordered Kenya Airways (KQ) and pilots to consult before issuing a resolution on the strike.

The Kenya Airlines Pilot Association (KALPA) and KQ have been asked to submit a report by 2:30pm.

Lady Justice Anna Mwaure said jailing the pilots will not provide any solution to the matter.

"I order them to talk and see whether we can have, even if it is a partial agreement for the time being and I want a consent or some form of a report even if it is not a consent to be returned to me at 2:30 pm today,' said justice Mwaure.

"So, take your break and let the lawyers and the immediate clients, the KQ management, the union officials go and have a talk they can bring back a report to me in the afternoon," she added.

Earlier, KALPA told the court there did not exist any structure to facilitate talks between the two parties.

Through its lawyers Peter Kimani and Levi Kariuki, the pilot's lobby group asked the court to provide a mediator as they had received mediation goodwill from from the Law Society of Kenya (LSK), Central Organization of Trade Unions (COTU), Institute of Human Relations Manager and the Office of the Ombudsman.

KQ and pilots are entangled in a legal dispute as to whether the officials of the association can be punished for contempt of a court order.

KQ obtained an order issued on 31 October urging the officials of the association not to commence the intended industrial strike.

Justice James Lika on his part issued an order staying the notice issued by the association calling its members to commence the strike starting November 4.

The order according to KQ's lawyer senior counsel John Ohaga was duly served upon the association officials and the same was disobeyed.

In ensuring compliance with the court order, KQ filed an application for contempt seeking to commit the officials to civil jail.

KALPA kicked off an industrial strike on Saturday affecting thousands of passengers whose flights were either cancelled or postponed.

On Sunday, KQ stated that it may be unable to meet its salary obligations in November if the pilots' strike persists.

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