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ELRCStruck OutCause Number 1405 of 2012· [2014] KEELRC 673 (KLR)

Kenya National Private Security Workers Union v Total Security Surveillance Limited [2014] KEELRC 673 (KLR)

Industrial Court of Kenya
14 February 2014
JRJames Rika
544 words in judgment
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The bottom line

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A Kenyan employment court struck out a union's terminal benefits claim because nobody could prove who was authorized to bring and argue it.

What this practically means

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Executive summary

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This first-instance Industrial Court award by Rika J at Nairobi concerned a dispute over terminal benefits and a certificate of service, listed as Cause Number 1405 of 2012 with Total Security Surveillance Limited as Claimant and the Kenya National Private Security Workers Union as Respondent. Before reaching the merits, the Court examined who had actually brought and prosecuted the claim. The Statement of Claim had been drawn and filed by Peter Odima, whose role in the Union was never stated. Ms. Onyancha, an Advocate of the High Court, appeared throughout the hearing for the Union, yet the Court could not trace her Notice of Appointment, and it was never explained how she came on record, ceased representation, and how the General Secretary, Isaac G. Andabwa, drew and filed the Final Submissions in her apparent presence. The Court set out the permissible modes of trade union representation - through the authorized representative (the General Secretary), a person appointed in writing by him, or an Advocate either internal or independently engaged. Noting a similar representation problem in a prior cause involving the same Union and Ms. Onyancha, and the criticism of the Industrial Court for its historical disregard of legal formalism, the Court held the Claim was improperly brought and prosecuted, struck it out, and made no order as to costs. The merits of the terminal benefits dispute were never determined. The judgment was dated and delivered at Nairobi on 14th February 2014.

Key legal issues

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01

Authority and capacity of representation before the Industrial Court

Holding

The Claim was improperly brought and prosecuted because it was never made clear who filed the claim, in what capacity, with what authority, or how representation changed hands during proceedings.

Reasoning

The Court identified that Peter Odima filed the Statement of Claim without stating his role in the Union, that Ms. Onyancha appeared throughout the hearing but no Notice of Appointment could be traced, and that the General Secretary's Final Submissions came without explanation of how he resumed representation. Given the Court's concern about criticism for disregard of legal formalism, these unexplained irregularities warranted striking out the claim.

p. 2

Legal principles established

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  • A Trade Union may appear in Court through its authorized representative (its General Secretary), through a person appointed in writing by the authorized representative, or through an Advocate (internal or independently engaged).
  • A party must clarify and regularize the capacity and authority of those who file and prosecute its claim.

Court orders

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  1. 1.The Claim is struck out
  2. 2.No order as to costs

Authorities

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Cases cited (1)

  • Kenya National Private Security Workers Union v. G4S Security Service [K] Limited
    Cause Number 1384 of 2011
Jurisdiction invoked
Industrial Court jurisdiction over a dispute in the first instance (Issue in Dispute: Terminal Benefits and Certificate of Service)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya National Private Security Workers Union v Total Security Surveillance Limited [2014] KEELRC 673 (KLR)", Case Analysis (2014). Cause Number 1405 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/673/eng@2014-02-14

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