Rift Valley Railways Workers Union V Rift Valley Railways Company limited & another [2013] KEELRC 456 (KLR)
The bottom line
#Kenya's Industrial Court struck out a union's emergency case to stop retrenchments because its pleadings were unsigned and lacked key evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant established a prima facie case for interim relief
It did not; the Claimant's own admissions proved insufficient evidence
The Claimant conceded that its pleadings were unsigned, that crucial documents (certificate of incorporation, membership lists, the 1998 package, concessioning agreement extracts) were not attached, that party names were mistaken, and that the 2nd Respondent had not been served despite the court's order of 27th December 2012. These admissions demonstrated the absence of a prima facie case, so the discretionary interlocutory orders sought were declined.
Effect of unsigned pleadings signed without shown authority
The memorandum of claim and notice of motion were struck out
Under Rule 6 of the Industrial Court (Procedure) Rules, 2010 a statement of claim must be signed by the authorised representative of the referring party. The Claimant did not show that Mr Munai had authority to sign on its behalf, and the pleadings were unsigned. Following High Court and Court of Appeal authority, unsigned pleadings are nullities and are to be struck out rather than dismissed.
Legal principles established
#- An unsigned pleading is a nullity; the signature of the appropriate person authenticates a pleading
- A pleading that is not signed should be struck out rather than dismissed
- Rule 6 of the Industrial Court (Procedure) Rules, 2010 requires the statement of claim to be signed by the authorised representative of the referring party
Court orders
#- 1.The memorandum of claim and the Notice of Motion dated 24th December 2012 and filed on 27th December 2012 are struck out
- 2.Costs of the application to the 1st Respondent
- Jurisdiction invoked
- Industrial Court (Procedure) Rules, 2010 (trade dispute referral under the Industrial Court's jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rift Valley Railways Workers Union V Rift Valley Railways Company limited & another [2013] KEELRC 456 (KLR)", Case Analysis (2013). Cause No 2567 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/456/eng@2013-01-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.