Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNotice of Motion dated 17th September 2015 (filed 18th September 2015), within a Claim arising from Cause No. 904 of 2011· [2015] KEELRC 49 (KLR)

Kuppet, Nairobi County Branch & 3 others v Kenya Union of Post Primary Education Teachers & 9 others [2015] KEELRC 49 (KLR)

Employment and Labour Relations Court
18 December 2015
MNMathews Nderi Nduma
1,318 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment and Labour Relations Court let a disputed KUPPET Nairobi branch pursue its case, granting limited interim protection while the main dispute is heard.

What this practically means

#

Executive summary

#
This was a ruling on a Notice of Motion dated 17th September 2015 filed by the Nairobi County Branch of KUPPET, its Executive Secretary Leonard Rufus Ochieng and two branch officials, seeking interlocutory reliefs pending the hearing of their suit. The claimants challenged the purported dissolution of the Nairobi Branch by officials of the national union, and alleged that the removed branch officials continued to operate a bank account opened at CFC Stanbic Bank in violation of the Union Constitution, making unaccounted withdrawals. The 1st and 3rd Respondents opposed, disputing the 3rd Claimant's locus standi on the ground that he was not an advocate and was employed by other unions, denying a prima facie case, irreparable harm and balance of convenience, and contending that the impugned transactions predated the official change of signatories. The court framed three issues: prima facie case, irreparable loss, and balance of convenience. It held that Ochieng's registration as Executive Secretary by the Registrar of Trade Unions gave him standing. Applying the Giella v Cassman Brown test, the court found a prima facie case with probability of success in respect of prayers g, j and k, likely irreparable loss, and that the balance of convenience favoured the claimants. It granted interim relief in terms of prayers g, j and k pending the hearing and determination of the main suit, declining to make findings on the merits. The application otherwise was not granted, and no costs order was recorded.

Key legal issues

#
01

Locus standi of the 3rd Claimant to institute and prosecute the suit

Holding

Leonard Rufus Ochieng, registered by the Registrar of Trade Unions as Executive Secretary of the Nairobi County Branch as at 26th May 2015, has locus standi to bring the suit concerning the contested dissolution of the branch

Reasoning

The court noted it was common cause that Mr Ochieng is not an advocate of the High Court, but his registration as Executive Secretary of the branch by the Registrar of Trade Unions was sufficient basis, standing alone, to confer standing to litigate the disputed dissolution and the contest between branch officials and the national union. The court did not rule on the objection that he was employed by other unions.

p. 2
02

Whether an interlocutory injunction should issue

Holding

The application succeeds in part: a prima facie case with probability of success, irreparable loss and the balance of convenience were established in respect of prayers g, j and k only

Reasoning

Applying the Giella v Cassman Brown test, the court found the claimants had demonstrated a prima facie case with probability of success regarding prayers g, j and k, that they were likely to suffer irreparable loss if the injunction was not granted, and that the balance of convenience favoured granting the injunction in those terms pending the hearing and determination of the main suit. The court expressly refrained from determining the merits at that stage.

p. 3

Legal principles established

#
  • The established test for an interlocutory injunction is: (a) prima facie case with probability of success; (b) irreparable injury not adequately compensable by damages; (c) if in doubt, the balance of convenience.
  • A person registered by the Registrar of Trade Unions as Executive Secretary of a union branch has locus standi to bring a suit concerning a contested dissolution of that branch.

Court orders

#
  1. 1.Interim relief granted in terms of prayers g, j and k of the Notice of Motion pending the hearing and determination of the main suit

Authorities

#

Legislation

  • Labour Relations Actnot specified
  • Advocates Actnot specified

Cases cited (2)

  • Giella - vs- Cassman Brown Co. Ltd
    (1973) EA 358
  • May Aliwza & Okoth Mondoh v. Attorney General of Kenya and Secretary General of East African Community
    EACs Application No. 3 of 2010, EALS Law Digest 2005-2011 Page 1
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over trade union disputes; related to Cause No. 904 of 2011 (specific enabling provision not cited in the extract)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kuppet, Nairobi County Branch & 3 others v Kenya Union of Post Primary Education Teachers & 9 others [2015] KEELRC 49 (KLR)", Case Analysis (2015). Notice of Motion dated 17th September 2015 (filed 18th September 2015), within a Claim arising from Cause No. 904 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/49/eng@2015-12-18

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