Nairobi City County v Kenya Local Government Workers Union & 2 others [2013] KEELRC 168 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#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
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
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.
Whether the Claimant was entitled to interim injunctive relief against strike action
The applications for extension of orders, stay of the fresh strike notice and restraint of union officials from striking were declined
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.
Legal principles established
#- 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
#- 1.The Attorney General is granted leave to file his replying affidavit and application with regard to the Collective Bargaining Agreement
- 2.The application by the Claimant to extend the Orders given on 2nd September 2013 is declined
- 3.The application to order stay of the fresh strike notice is declined
- 4.The application to have the Officials of the 1st and 3rd Respondents restrained from engaging in strike action is declined
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.