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ELRCDismissedNot stated in the judgment extract· [2013] KEELRC 168 (KLR)

Nairobi City County v Kenya Local Government Workers Union & 2 others [2013] KEELRC 168 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
9 September 2013
295 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Nairobi's Employment Court refused to block a county workers' strike, telling the County Government to fix workers' grievances instead of rushing to court.

What this practically means

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Executive summary

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This interlocutory ruling of the Industrial Court at Nairobi, delivered by James Rika, Judge, on 9th September 2013, concerned applications arising from a Collective Bargaining Agreement registered at the Industrial Court, in the context of the transition from the former City Council of Nairobi to the County Government of Nairobi and the obligations inherited by the County Government. The Claimant sought extension of interim orders issued on 2nd September 2013, a stay of a fresh strike notice issued by the Union, and restraints on the Officials of the 1st and 3rd Respondents from engaging in strike action. The Court observed that parties had had the opportunity to address the Court on the CBA at registration, and that issues of transition and inherited obligations had already been addressed in past decisions of the Court, including by the Principal Judge. The Court declined to re-examine the issues, reasoning that re-examination risked conflicting decisions among Judges, and directed that if the Claimant felt past decisions had not fully addressed its concerns, it should be heard before the Principal Judge. The Court criticised the Claimant for rushing to court to restrict legitimate trade union activity instead of addressing the grievances causing the industrial unrest. The Court granted the Attorney General leave to file a replying affidavit and application regarding the CBA, declined all the Claimant's applications 'for now', and directed that the file be placed before the Principal Judge on 17th September 2013 for further orders.

Key legal issues

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01

Whether the Court should entertain the Claimant's applications arising from the registered CBA and the transition from the City Council to the County Government

Holding

The Court declined to re-look into the issues, as they had been addressed by the Principal Judge and in past decisions of the Court; the Claimant should be heard before the Principal Judge

Reasoning

The Court noted that the disputes arise from a Collective Bargaining Agreement registered at the Industrial Court, on which parties had an opportunity to be heard at registration. Issues of transition from the City Council to the County Government and inherited obligations had been addressed in past decisions. Since the Principal Judge had handled the matter, re-examining it risked conflicting decisions among Judges of the same Court. The proper course was to place the file before the Principal Judge.

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02

Whether the Claimant was entitled to interim injunctive relief against strike action

Holding

The applications for extension of orders, stay of the fresh strike notice and restraint of union officials from striking were declined

Reasoning

The Court held that at the heart of the proceedings was the Claimant's failure or inability to honour its obligations under the existing Collective Bargaining Agreement. Rather than restricting the Union's legitimate trade union activity through court orders, the Claimant ought to address the grievances causing the industrial unrest. The interim relief sought was therefore declined and the file referred to the Principal Judge.

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Legal principles established

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  • Where issues concerning a registered Collective Bargaining Agreement have been addressed by the Principal Judge, it is imprudent for another Judge of the Court to re-examine them, to avoid conflicting decisions
  • An employer should address the grievances causing industrial unrest rather than rushing to court to restrict legitimate trade union activity

Court orders

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  1. 1.The Attorney General is granted leave to file his replying affidavit and application with regard to the Collective Bargaining Agreement
  2. 2.The application by the Claimant to extend the Orders given on 2nd September 2013 is declined
  3. 3.The application to order stay of the fresh strike notice is declined
  4. 4.The application to have the Officials of the 1st and 3rd Respondents restrained from engaging in strike action is declined
  5. 5.The file shall be placed before the Principal Judge on 17/9/13 for further Orders
Jurisdiction invoked
Original jurisdiction of the Industrial Court over employment and labour relations disputes, including matters arising from a registered Collective Bargaining Agreement and transition from the City Council of Nairobi to the County Government of Nairobi

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, "Nairobi City County v Kenya Local Government Workers Union & 2 others [2013] KEELRC 168 (KLR)", Case Analysis (2013). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/168/eng@2013-09-09

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