Kenya Game Hunting & Safaris Workers Union v Southern Cross Safaris [2018] KECA 390 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a workers' union appeal because no Notice of Appeal was ever filed against the specific ruling being challenged.
What this practically means
#Executive summary
#Key legal issues
#Whether a valid appeal was before the Court
There was no valid appeal because no Notice of Appeal was lodged against the ruling of 21st March 2013 that the Memorandum of Appeal purported to challenge; the Notices of Appeal on record related to judgments of 7th June 2013 and 8th November 2013.
The Court perused the whole record and identified two Notices of Appeal, each directed at different judgments of the learned judge, neither of which targeted the ruling and order of 21st March 2013 specified in the Memorandum of Appeal. Without a Notice of Appeal against that decision, the Court lacked jurisdiction to entertain the appeal, which was therefore struck out.
Locus standi of the appellant's General Secretary
The General Secretary's standing was doubtful because the respondent had forced the union's members to leave, leaving him appearing for 'non-existent members'; this informed the costs order but was not the basis of the striking out.
Mr. Ndolo, appearing in person as General Secretary, decried that the respondent had forced his members to leave the union. The Court observed that in effect the union had no members and it was doubtful that he had locus standi to represent members who had deserted the union. This influenced the discretionary costs order rather than the jurisdictional outcome.
Legal principles established
#- An appeal cannot be entertained where no Notice of Appeal was lodged against the specific decision sought to be appealed; absence of a valid Notice of Appeal deprives the Court of jurisdiction.
- A union official has no standing to prosecute an appeal on behalf of members who have left the union.
Court orders
#- 1.The appeal is struck out for lack of jurisdiction
- 2.Each party to bear its own costs
- On appeal from
- Industrial Court (Employment and Labour Relations Court)
- Industrial Cause No. 1084 of 2012
- Jurisdiction invoked
- Appeal from the Industrial Court pursuant to the Court's appellate jurisdiction over Employment and Labour Relations Court decisions; the court found no valid appeal was before it.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Game Hunting & Safaris Workers Union v Southern Cross Safaris [2018] KECA 390 (KLR)", Case Analysis (2018). Civil Appeal No. 143 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/390/eng@2018-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.