National Union of Water & Sewage Employees v Paul Njagi Michuki & 11 others [2014] KEELRC 824 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether stay of proceedings and consolidation with Cause No. 755 of 2013 was warranted
The stay and consolidation applications were dismissed; the suits involve different parties, the memoranda of claims were not attached to show similarity, and consolidation was opposed by the claimant
Rule 23 of the Industrial Court Procedure Rules permits consolidation where a common question of fact or law arises or where it is practical and appropriate to proceed simultaneously. The parties in the three suits are fundamentally different, no injustice was demonstrated, and the claimant opposed consolidation. Allegations of fraud were unsupported by tangible evidence and no police report was made.
Whether the claimant's application for surrender of books, restraint from purporting to be officials and access to the bank account should be granted
The application was allowed in full; the Registrar of Trade Unions extract dated 2nd May 2013 identified the current registered officials and was unchallenged
The respondents' replying affidavits and submissions did not effectively respond to the issues raised. The Registrar's extract of 2nd May 2013 identifying the current officials was undisputed and was taken as the official record. Registered officials under sections 21, 42 and 43 of the Labour Relations Act have a duty to manage the union, render accounts and file annual returns; denying them access to the union's property and account would cause deregistration and injustice to 8000 members.
Legal principles established
#- Consolidation of suits requires a common question of fact or law or that it is practical and appropriate to proceed simultaneously; where one party is totally opposed, the court must assess the need for consolidation
- The Registrar of Trade Unions' record of registered officials, if unchallenged, is the true position of the current status of a trade union
- Registered officials of a trade union have a statutory duty to render accounts and file annual returns; failure would render the union ineffective and jeopardise members' interests
Court orders
#- 1.Dismissal of the 6th respondent's application dated 29th November 2013 in its entirety
- 2.The 1st to 12th respondents directed to hand over or surrender all books of accounts and any other property of the claimant Trade Union pending the hearing of the claim
- 3.The 1st to 12th respondents to forthwith cease representing themselves as the registered officials of the claimant Trade Union pending the hearing of the claim
- 4.The 13th respondent to allow the claimant Trade Union officials access to account No. 01020060636400 held at National Bank, Harambee Avenue, Nairobi to enable them file annual returns with the Registrar of Trade Unions
- Jurisdiction invoked
- Sections 11 and 20 of the Industrial Court Act; Industrial Court Procedure Rules Rules 16-19, 23, 27
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Union of Water & Sewage Employees v Paul Njagi Michuki & 11 others [2014] KEELRC 824 (KLR)", Case Analysis (2014). Industrial Cause No. 1896 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/824/eng@2014-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.