Kenya Railways Ordered To Pay Former Employees Ksh 429 Million

On Monday, November 16^th, a court in Nairobi ordered Kenya Railways to pay 429 million shillings in salary arrear owed to its former train drivers.

The ruling by the Nairobi court brought to an end a 25 years battle by the workers to get salaries owed to them by the government corporation.

Employment and Labour Relations Court Judge Maureen Onyango has given the corporation until December 16^th, 2020, to honor the payments to the employees as well as pay interest from May 2009 until the salaries are paid in full.

“I find that all claimants are settled to salary and other benefits up to May 8, 2010,” she ruled.

The case was first filed in 1995 by the Railways Workers Union which won with the industrial court ordering a 25 percent pay increase as well as a separate scheme for locomotive workers. The case would however take several turns with the union and the Kenya Railways at loggerheads.

“In a view of the fact that the respondent refused to implement the court award in cause No 72 of 1995, as well as the court orders made on September 26th, 2003 and the Court of Appeal decision made on May 8th, 2009, the respondent, shall pay interest on the decretal sum at court rates from the dates of the decision of the Court of Appeal being May 8^th, 2009, until the payment in full”, Justice Onyango ruled.

The Union sought the 429 million shillings payment by the former employer and a declaration that the corporation had no powers to dismiss or suspend employees who had downed their tools in protest.

After years of fighting between the union and Kenya Railways, the case went back to the Industrial court successor, the Employment and Labour Relations Court, with Thomas Nguti alongside 196 others seeking to compel their former employer to pay 429 million shillings.

They also sought a declaration that the corporation had no powers to dismiss or suspend employees who had downed their tools in protest.

Kenya railways in its defense told the court that the 1998 orders by Justice Charles Chemmuttut were in favor of the union and not the 197 employees.

Some employees have died before receiving their dues from Kenya Railways due to court battles. Fredrick Ochieng was among those who were fired, he testified that after that award was gazette, the separation scheme was not put in place and the 25 percent pay increase was not honored.