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ELRCAllowedNot stated in the judgment as provided· [2013] KEELRC 138 (KLR)

Joyce Wanjiku Muchiko v Telkom Kenya Limited [2013] KEELRC 138 (KLR)

Industrial Court of Kenya
30 September 2013
JRJames Rika
541 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Claimant, Joyce Wanjiku Muchiko, applied by notice dated 3rd July 2013 for leave to amend her Statement of Claim dated 1st August 2011 so as to enjoin the Communication Workers Union as a Co-Claimant in her dispute against Telkom Kenya Limited concerning termination of her employment. She explained that the Union was recognized by the Respondent, held a valid Collective Bargaining Agreement with it, that she was a member of the Union, and that the Union had been involved in the pre-Industrial Court alternative dispute resolution mechanisms. The Respondent opposed, arguing that the Union was not a necessary party, could be called as a witness if needed, that joinder would impact on costs and scuttle the hearing of the main dispute fixed for 17th September 2013, and that the Union had no claim against the Respondent. In a ruling delivered at Nairobi on 30th September 2013, James Rika, Judge, held that trade unions may participate in disputes involving their members in their own interest, on behalf of their members, or in the interest of their members, and enjoy associational standing because they share an identity of interests with members and are co-authors of the CBA underpinning the dispute. The Court allowed the application, permitted the amendment, gave the Respondent 21 days to file an Amended Statement of Reply, directed the parties to take a hearing date after closure of pleadings, and awarded costs in the cause.

Key legal issues

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01

Whether the Communication Workers Union has a sufficient interest to be joined as a party to the termination dispute

Holding

The Union has associational standing and must not be closed out of the proceedings; it may be joined as a requisite party through amendment of the Statement of Claim.

Reasoning

The Court reiterated its past decisions that trade unions may participate in members' disputes in their own interest, on behalf of members, or in the interest of members. A union shares an identity of interests with its members, and termination of a member's contract touches the union's labour relations and functions. The union co-authored the CBA upon which the dispute revolves, and so may participate directly as a requisite party rather than as a witness.

p. 2

Legal principles established

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  • A Trade Union may participate in trade disputes involving its members in its own interest, on behalf of its members, or in the interest of its members, enjoying associational standing.

Court orders

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  1. 1.The application dated 3rd July 2013 is allowed
  2. 2.Amendment is allowed to the Statement of Claim in terms shown in the draft attached to the application
  3. 3.The Respondent is granted 21 days within which to file an Amended Statement of Reply
  4. 4.Parties to take a hearing date for the main Claim at the Registry after the closure of the pleadings
  5. 5.Costs in the cause
Jurisdiction invoked
Industrial Court jurisdiction over trade disputes (statutory basis not cited in the judgment)

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, "Joyce Wanjiku Muchiko v Telkom Kenya Limited [2013] KEELRC 138 (KLR)", Case Analysis (2013). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/138/eng@2013-09-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.