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Court of AppealStruck OutCivil Appeal No. 143 of 2014· [2018] KECA 390 (KLR)

Kenya Game Hunting & Safaris Workers Union v Southern Cross Safaris [2018] KECA 390 (KLR)

Court of Appeal
27 July 2018
443 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Court of Appeal at Nairobi (Githinji, Okwengu and Kantai, JJ.A) struck out Civil Appeal No. 143 of 2014 by the Kenya Game Hunting and Safaris Workers Union against a ruling of the Industrial Court (Nzioki Wa Makau, J) in Industrial Cause No. 1084 of 2012 given on 21st March 2013. The Court perused the record and identified two Notices of Appeal filed by the appellant, one against a judgment of 7th June 2013 and the other against a judgment of 8th November 2013, but none against the ruling of 21st March 2013 specified in the Memorandum of Appeal. Counsel for the appellant herself conceded there was no valid appeal before the Court. Additionally, when the appeal came up for hearing, the Union's General Secretary, Mr. Josephat Mailu Ndolo, acknowledged that the respondent had forced the union's members to leave, casting doubt on his locus standi to appear for 'non-existent members'. Holding that it had no jurisdiction to entertain the appeal, the Court struck it out. Considering that the General Secretary was appearing for members who no longer existed, the Court ordered each party to bear its own costs rather than awarding costs to the respondent. The decision below was neither affirmed nor reversed; the appeal was simply removed from the record. The judgment is a single judgment of the whole court with no separate opinions and no authorities cited.

Key legal issues

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01

Whether a valid appeal was before the Court

Holding

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.

Reasoning

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.

p. 1
02

Locus standi of the appellant's General Secretary

Holding

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.

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 1.The appeal is struck out for lack of jurisdiction
  2. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.