Kenya Plantation and Agricultural Workers Union v Red Lands Roses Ltd [2015] KEELRC 853 (KLR)
The bottom line
#Kenya's Employment Court merged three related labour disputes into one case so all facts get heard together, avoiding conflicting decisions.
What this practically means
#Executive summary
#Key legal issues
#Whether the suits arising from the events of 6th May 2014 should be consolidated
Yes - the suits share common questions of law and fact arising from the same series of events and consolidation is reasonable, judicious and fit.
All suits revolve around events before, leading to or resulting from 6th May 2014 at the Red Lands Roses premises, already the subject of a ruling of 4th June 2014. Under Rule 23 the Court may consolidate suits where a common question of fact or law arises or where simultaneous hearing is practical. Consolidation brings all facts before the Court, avoids multiplicity of suits and conflicting decisions, and does not prejudice any party since due process and the right to be heard remain preserved.
Which file should carry the consolidated suits
Cause No. 715 of 2014, being the most progressed file containing the ruling of 4th June 2014.
The Court reasoned that Cause No. 715 of 2014 is more progressed and already contains the subject ruling of 4th June 2014, so it is only right that all matters be addressed under that file to avoid multiplicity of suits and to enable the Judge dealing with the substantive issues to have all pleadings in one file.
Legal principles established
#- The Court may consolidate suits where some common question of fact or law arises or where it is practical and appropriate to proceed with the issues simultaneously (Rule 23, Industrial Court (Procedure) Rules).
- Consolidation must not deprive any party of due process or an advantage or disadvantage, but is a mechanism of justice enabling the Court to arrive at a holistic and just decision.
Court orders
#- 1.Application dated 19th December 2014 allowed by consent
- 2.Application dated 29th August 2014 allowed subject to the amendments agreed upon in allowing the application dated 19th December 2014
- 3.All matters consolidated under Cause No. 715 of 2014, Red Lands Roses Limited v Kenya Plantation and Agricultural Workers Union, comprising Cause No. 1912 of 2014 and Cause No. 830 of 2014
- 4.Consolidation to take into account the transferred and consolidated files from Nakuru under the new registered numbers at the Court Registry, Nairobi
- 5.Parties to attend a trial conference
- 6.An audit of all pleadings filed to be undertaken
- 7.Parties to each draw a list of issues to be consolidated during the trial conference
- 8.Parties to take a mention date to address the trial conference and audit of pleadings
- 9.A hearing date to be allocated on priority basis
- 10.Costs in the cause
- Jurisdiction invoked
- Industrial Court Act, section 3; Rule 23 of the Industrial Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation and Agricultural Workers Union v Red Lands Roses Ltd [2015] KEELRC 853 (KLR)", Case Analysis (2015). Cause No. 1912 of 2014 (formerly Cause No. 326 of 2014, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/853/eng@2015-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.