...@sparkly Art.162 (2) of the Constitution of Kenya 2010 forms the platform upon which the Industrial Court derives its mandate. The Industrial Court has exclusive original and appellate jurisdiction to hear labour and employment matters.With the power donated to it under this provison and also taking into account the jurisdiction conferred by Section 12 of Act 20 of 2011 i.e.The Industrial Court Act and in particular Section 12 (3) (vii) the Industrial court has power to reinstate an employee within 3 years of dismissal subject to such conditions as it may impose.This is the provison that Judge Riika rightly used to reinstate the KQ staff. The argument that an employer cant be compelled to take up an employee is thus fallacious and is not backed by law...in addition to that common law cannot supersede substantive procedural law.

Two comments from me for those who think that this ruling is even executable:
1. Has the court also given the staff the flight schedules they are on to make it a reality. In my opinion this staff will never see the inside of a plane as staff again... deal with it.
2. For all contracts, they have an exit clause (for your information employment is a contract unless the KQ staff con confirm otherwise) and if this is breached then all one is entitled to is the exit payments and damages not forceful reinstatement....lol...kweli we have quaks in the Industrial court

@Maka sawa, i have taken judicial notice of those laws.

Where does KQ's right to appeal lie?

Am getting out of this flying monkey of a share amp; amp;

There is a probability that the tables will turn when KQ appeals. That judgement by the industrial court seems populist under some kind of political pressure, but lets wait and see.

This is a chess game KQ is playing. Their vacant positions were filled by foreigners. Remember what happened when Telkom was being taken over by Orange? Most professional personnel were given jobs they didn't want in short raw deals at the same salary. I wouldn't even want to go back to a place am not wanted, the best thing is just to move on.

Sub-10 by this Friday!

i thought the judiciary had reformed and is now independent..... do we still have political pressure influencing judgement?

The court made accusations which KQ had failed to do in order to warrant a retrenchment. Now say employees are reinstated. To make sure the case works for them this time, conditions may be arranged such that retrenchment will be the only way out.. its more like a rat trap, you bait it with food under the false pretense it will benefit when it's inside, but really the end is to rid of it right? I can't see it any other way coz the fastest way to cut losses is through lay offs (employees are an appreciating cost) because you have salaries as an expense to the company not an asset.

Same thing if you want to fly a plane and you realize that the plane can't lift off the first thing on your mind is offload excess language, not to go back to the garage and add a few more engines to give it the necessary thrust

I just call it a comment not political interference or political influence....
and what if from the same politician the comment has legal sound bases and the judge rules using the same legal bases what will you call it? Look at the MRC cases, Embakasi Mp case, Kibs cases where he has appointed without regard of the law, politicians made comments would you say the courts ruled based on political influence or the law?
Does it mean that if a political makes a comment on any legal matter then its political interference? do you imply that the judge made his ruling based on the comment and not legal facts?

I guess luggage