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ELRCStruck OutNot stated in the judgment· [2015] KEELRC 95 (KLR)

Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Highlands Paper Mills Limited [2015] KEELRC 95 (KLR)

Employment and Labour Relations Court
11 December 2015
RSRadido Stephen
510 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out a union's claim for a deceased worker's dues because only a court-authorised estate administrator can pursue such money.

What this practically means

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Executive summary

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The deceased, Harnest Benard Nyangweso, was employed by Highlands Mills Ltd from 1 March 1994 as a general worker, rising to boiler operator, and died on 28 October 2009 while still in employment. The Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers took up the question of his final dues with the Respondent; conciliation failed and a Certificate of Disagreement was issued on 27 November 2013 after the Respondent failed to pay Kshs 62,393/- it had admitted in a letter dated 25 October 2013 as the final dues. The Union filed a Memorandum of Claim on 14 November 2014 seeking the dues on behalf of the deceased's widow and children. The Respondent filed a Response and a Notice of Preliminary Objection on 9 November 2015, contending that the Cause was incompetent because it was filed long after the deceased's death and without grant of letters of administration, that the Union lacked legal capacity to sue on behalf of the deceased, and that dues could be paid only to a legal representative, citing section 24 of the Employment Act, 2007. The facts were not in dispute. The court held that a claim of this nature can only be commenced and agitated by a legal representative duly authorised by a competent court and that no grant had been demonstrated. Despite noting the humane dimensions and encouraging the Respondent's advocate to resolve the matter, the court struck out the Cause and ordered each party to bear its own costs. Judgment delivered at Nakuru on 11 December 2015 by Radido Stephen, Judge.

Key legal issues

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01

Capacity to sue on behalf of a deceased employee

Holding

The Cause was incompetent because it was filed without grant of letters of administration; only a legal representative duly authorised by a court may prosecute the deceased's claim

Reasoning

The facts were undisputed: the deceased died in employment and the Union referred the dispute over his final dues after a Certificate of Disagreement. The Respondent relied on section 24 of the Employment Act, 2007, contending dues are payable only to a legal representative. The court accepted that no grant was demonstrated and that the Union lacked capacity, leaving no lawful basis to sustain the Cause notwithstanding the humane considerations surrounding the unpaid dues.

p. 1

Legal principles established

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  • A claim for a deceased employee's final dues can only be commenced and agitated by a legal representative duly authorised by a competent court, evidenced by a grant of letters of administration; a trade union has no capacity to bring such a claim on behalf of the deceased.

Court orders

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  1. 1.The Cause is struck out as sought by the Respondent
  2. 2.Each party to bear own costs

Authorities

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Legislation

  • Employment Actsection 24
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over a labour dispute referred following conciliation (Certificate of Disagreement); claim pursued on behalf of a deceased employee's dependants

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (3)

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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 Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Highlands Paper Mills Limited [2015] KEELRC 95 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/95/eng@2015-12-11

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