Kenya Plantation & Agricultural Workers Union v Cabinet Secretary Labour & Social Protection & another [2019] KECA 217 (KLR)
The bottom line
#Kenya's Court of Appeal stopped enforcement of a labour court ruling on union dues, protecting the plantation workers' union while its appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The intended appeal was arguable; issues concerning sections 48 and 50(2)(a) of the Labour Relations Act and alleged fraudulent misrepresentation merited consideration.
The Court examined the draft memorandum of appeal raising five grounds and found among them questions of law deserving consideration: whether the trial court erred in failing to apply statutory provisions and in disregarding interim orders, plus allegations of fraud requiring interrogation.
Nugatory value absent stay
The appeal would be rendered nugatory without a stay, since the 2nd respondent gave no undertaking to reimburse dues and recovery would be near impossible.
The Court weighed competing claims, found the existence of interim orders in another suit relevant, noted the 2nd respondent offered no undertaking to reimburse collected dues, and applied the substantial-loss principle as the cornerstone of the rule 5(2)(b) jurisdiction.
Legal principles established
#- To succeed under rule 5(2)(b) an applicant must satisfy both limbs: an arguable appeal and that the appeal, if successful, would be rendered nugatory absent a stay.
- An arguable appeal need not be one that must succeed; a single arguable ground suffices.
- Rule 5(2)(b) jurisdiction is original and discretionary and does not constitute an appeal from the judge's discretion.
Court orders
#- 1.Application dated 20th May, 2019 allowed
- 2.Stay of execution of the judgment and decree of Mbaru, J. dated 14th May, 2019 pending the hearing and determination of the applicant's intended appeal
- 3.Costs to abide the outcome of the appeal
- On appeal from
- Employment & Labour Relations Court at Kericho
- E.L.R.C. Petition No. 222 of 2018
- Jurisdiction invoked
- Sections 3, 3A & 3B of the Appellate Jurisdiction Act and rules 5(2)(b) and 42 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Cabinet Secretary Labour & Social Protection & another [2019] KECA 217 (KLR)", Case Analysis (2019). Civil Application No. 152 of 2019 (UR. 141/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/217/eng@2019-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.