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ELRCAllowedCause No. 1912 of 2014 (formerly Cause No. 326 of 2014, Nakuru)· [2015] KEELRC 853 (KLR)

Kenya Plantation and Agricultural Workers Union v Red Lands Roses Ltd [2015] KEELRC 853 (KLR)

Employment and Labour Relations Court (Industrial Court)
30 June 2015
2,016 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered by M. Mbaru J on 30th June 2015, dealt with two interlocutory applications arising from multiple suits between the Kenya Plantation and Agricultural Workers Union (claimant) and Red Lands Roses Limited (respondent) stemming from events of 6th May 2014 at the respondent's farm. By an application dated 19th December 2014, supported by the affidavit of Esther Kinyenje-Opiyo, the respondent sought leave to amend its application dated 29th August 2014 to include a prayer for consolidation of Industrial Cause No. 715 of 2014 with the present suit; the claimant, through the affidavit of Thomas Kipkemboi, indicated this was agreed. On the substantive application of 29th August 2014, the respondent argued that all suits involved the same facts and issues and should be consolidated to avoid conflicting decisions, relying on the Law Society of Kenya and Nyati Security Guards decisions. The claimant opposed, contending that Cause No. 326 of 2014 concerned procedural fairness in dismissals while Cause No. 715 of 2014 concerned an alleged illegal strike, and that consolidation would cloud the issues. The consent application was allowed, and the Court, applying Rule 23 of the Industrial Court (Procedure) Rules and its earlier decision in Kenya Plantation and Agricultural Workers Union v Kenya Tea Growers Association, held that common questions of law and fact arose from the same series of events and ordered consolidation of Cause No. 1912 of 2014 and Cause No. 830 of 2014 under Cause No. 715 of 2014. Directions were issued for a trial conference, an audit of pleadings, consolidated lists of issues, an expedited hearing date, with costs in the cause.

Key legal issues

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01

Whether the suits arising from the events of 6th May 2014 should be consolidated

Holding

Yes - the suits share common questions of law and fact arising from the same series of events and consolidation is reasonable, judicious and fit.

Reasoning

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.

p. 3
02

Which file should carry the consolidated suits

Holding

Cause No. 715 of 2014, being the most progressed file containing the ruling of 4th June 2014.

Reasoning

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.

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Legal principles established

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  • 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

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  1. 1.Application dated 19th December 2014 allowed by consent
  2. 2.Application dated 29th August 2014 allowed subject to the amendments agreed upon in allowing the application dated 19th December 2014
  3. 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. 4.Consolidation to take into account the transferred and consolidated files from Nakuru under the new registered numbers at the Court Registry, Nairobi
  5. 5.Parties to attend a trial conference
  6. 6.An audit of all pleadings filed to be undertaken
  7. 7.Parties to each draw a list of issues to be consolidated during the trial conference
  8. 8.Parties to take a mention date to address the trial conference and audit of pleadings
  9. 9.A hearing date to be allocated on priority basis
  10. 10.Costs in the cause

Authorities

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Legislation

  • Industrial Court (Procedure) RulesRule 23
  • Industrial Court Actsection 3

Cases cited (3)

  • Law Society of Kenya versus The Centre for Human Rights and Democracy & Others
    Supreme Court Petition No. 14 of 2013
  • Nyati Security Guards 7 Services Ltd versus Municipal Council of Mumias
    High Court Case No. 992 of 1994
  • Kenya Planation and Agricultural Workers Union versus Kenya Tea Growers Association
    Cause No. 1997 of 2014
Jurisdiction invoked
Industrial Court Act, section 3; Rule 23 of the Industrial Court (Procedure) Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.