Amalgamated Union of Kenya Metal Workers v Mohammed t/a Rizwan Metal Craft (Civil Appeal (Application) E020 of 2024) [2025] KECA 1394 (KLR)
The bottom line
#Kenya's Court of Appeal refused to fast-track a union's appeal because the urgency had expired, confirming priority hearings require real, ongoing justification.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application and the appeal should be certified urgent and set down for hearing on a priority basis
Key legal issues
#Whether the appeal qualified for urgent certification and priority hearing
The application failed because the urgency premised on the imminent expiry of the collective bargaining agreement was overtaken by the agreement's expiry; the court declined to fast-track the appeal.
The applicant sought priority hearing because the CBA term was due to lapse. Counsel for both parties confirmed the term had already expired, removing the basis of urgency. The court, applying its earlier decision in Jared Okello, held that urgent certification means jumping the queue over earlier-filed matters, which requires demonstrated desert; the applicant could not show that. Noting that the court was then hearing 2023 appeals and this was a 2024 appeal, the court found the appeal would in any event be heard in the not-too-distant future.
Legal principles established
#- Certification of a matter as urgent is a discretionary exercise that must be exercised on the basis of evidence and reason, not arbitrarily, whimsically or capriciously.
- Before a matter is allowed to jump the queue of pending cases, it must be shown to deserve priority hearing, consistent with fairness to all litigants and case-management considerations.
Court orders
#- 1.The application seeking priority hearing of the appeal is dismissed
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act; Rule 47 of the Court of Appeal Rules
Relief refused
#Certification of the appeal as urgent and hearing on a priority basis
The two-year term of the collective bargaining agreement, the sole ground of urgency, had already lapsed, so the urgency was overtaken and the appeal could not jump the queue over earlier-filed appeals
Costs
I make no orders as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Certifying a matter urgent means that the same is to be set down for hearing and determination immediately. It gets priority over other matters, even though they were filed earlier in time and the parties have been waiting patiently for their turn.
Accordingly, I decline to exercise my discretion to order that the appeal be heard on a priority basis. This application fails and is hereby dismissed. I make no orders as to costs.
Issues in the judgment
#Paragraph numbering in the judgment is inconsistent (jumps from paragraph 2 to paragraph 13 before returning to 4)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amalgamated Union of Kenya Metal Workers v Mohammed t/a Rizwan Metal Craft (Civil Appeal (Application) E020 of 2024) [2025] KECA 1394 (KLR)", Case Analysis (2025). Civil Appeal No. E033 of 2024 (application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1394/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.