KALPA gets slapped down by court ruling as Kenya Airways wins their case


(Posted 10th March 2017)

Outgoing CEO Mbuvi Ngunze will no doubt relish having won a legal battle which took two years to determine, when Kenya’s Justice Helen Wasilwa ruled in favour of the national airline over the retirement of several pilots after the Boeing B777 fleet was sold off.
On the downside where the hotheads at KALPA sadly not found liable for causing another massive loss of nearly 100 million Kenya Shillings to the airline when their illegal strike and go slow action at the time halted flights and disrupted operations, not the first time the rabid organization had done so. At least one, of not more pilots were ready to negotiate directly with the airline but KALPA’s negative attitude scuttled that attempt, leaving the affected pilots after yesterday’s ruling without further recourse. This also reportedly manifested itself when during the hearing sharp words were exchanged between the affected pilots and union officials, who now stand to bear the full blame over their loss in court.

Justice Wasilwa in her ruling stated that: ‘The respondents would have been declared redundant but Kenya Airways opted for early retirement which was also legal and provided for in the CBA‘ before adding that ‘It is my finding that clause 34(b) of the CBA was rightfully used and the respondents, and indeed this court, cannot force parties to rewrite their contract and employ the redundancy clause as opposed to early retirement‘.

Inspite of an election year, and as said before, it is high time that the Kenyan government clips the wings of unions and in particular hard core inciters who have cost the national airline, and other state enterprises, agencies and departments dearly in past years and contributed next to nothing to the national development agenda other than seeking to increase their personal profile.