Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Sugar Research Foundation (KESREF) & another [2015] KEELRC 958 (KLR)

Industrial Court of Kenya

10 April 2015

MOMAUREEN ONYANGO

1,723 words in judgment

View original judgment Read on Kenya Law Watch case

AI-assisted case brief

·~7 min to read original · ~4 min brief

The bottom line

Kenya's Employment and Labour Relations Court ruled that a dissolved state agency can still be sued for employment claims covering the period before it was absorbed by its successor.

What this practically means

Executive summary

This is a ruling on a Notice of Motion dated 26th November 2014 filed by the respondents in Industrial Cause No. 276 of 2014. The respondents sought three principal orders: striking out the claim against the 1st respondent (Kenya Agricultural Research Institute) on the ground that it had ceased to exist upon the coming into force of the Kenya Agricultural and Livestock Research Act, 2013 on 1st July 2014; transfer of the cause to the Industrial Court at Milimani/Nairobi; and consolidation of the cause with Nairobi Industrial Court Cause No. 1272 of 2014, which involved the same parties and substantially similar issues. Dr. Eliud Kireger, Acting Director General of the 2nd respondent, swore the supporting affidavit, deponing that all parties and their advocates were based in Nairobi and that consolidation would save costs, judicial time and avoid conflicting decisions. The claimant opposed through its Secretary General, Zacharia Achacha, contending that the 1st respondent had not been disbanded as the transition was to conclude within a year (by July 2015) and that the two suits concerned different CBAs for different periods. The court, Maureen Onyango J, held that the 1st respondent had been properly sued as both claims covered the period before its absorption by the 2nd respondent, and declined to strike out the claim. However, finding that the two suits concerned consecutive CBAs involving the same parties, the court ordered transfer of the cause to Nairobi and consolidation with Cause No. 1272 of 2014, with mention within 30 days for consolidation directions.

Key legal issues

Whether the claim against the 1st respondent is unsustainable because it was dissolved upon the coming into force of the Kenya Agricultural and Livestock Research Act, 2013

Holding

The claim against the 1st respondent was properly maintained because the claims cover the period before its absorption by the 2nd respondent.

Reasoning

The court noted the transitional provisions of the KALRA (Sections 51-58) provided for transfer of institutions within one year from 1st July 2014. The CBAs sought to be determined relate to periods before or straddling the absorption. It was therefore prudent for the claimant to sue both respondents, and striking out the 1st respondent was unwarranted.

p. 4

Whether the cause should be transferred to Nairobi and consolidated with Nairobi Cause No. 1272 of 2014

Holding

The court ordered transfer of the cause to Nairobi and consolidation with Cause No. 1272 of 2014, since the two suits involve consecutive CBAs, the same parties, and all parties are based in Nairobi.

Reasoning

The two suits concern two consecutive collective bargaining agreements (2012-2013 and 2013-2015). Consolidation would avoid conflicting awards on related collective agreements, save judicial time and expenses, and serve convenience of the parties, who all operate from Nairobi.

p. 4

Legal principles established

A predecessor statutory body may be properly sued in respect of claims arising before its absorption by its successor under transitional provisions.

Court orders

1.Declined the prayer striking out the claim against the 1st respondent
2.Ordered that the case be transferred to the Industrial Court sitting in Nairobi to be consolidated with Nairobi Cause No. 1272 of 2014
3.Directed parties to mention the case within 30 days in Nairobi together with Nairobi Cause No. 1272 of 2014 for purposes of consolidation and directions for fixing of hearing date

Authorities

Legislation

Science and Technology ActCap 250
Kenya Agricultural and Livestock Research ActSections 51, 52, 53, 54, 55, 56, 57, 58 (Part IX); Section 53(5)(d)
Civil Procedure ActSection 15
Legal Notice No. 99 of 11th July 2014

Cases cited (1)

Samuel M. W'njuguna V Benjamin Achode and Others
[2013] eKLR (Nairobi Civil Case No. 711 of 2012)

Jurisdiction invoked: Devolved system of the court; Industrial Court Act; Sections 12, 15 and 18 of the Civil Procedure Act (as invoked on transfer and territorial jurisdiction)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Sugar Research Foundation (KESREF) & another [2015] KEELRC 958 (KLR)", Case Analysis (2015). Industrial Cause No. 276 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/958/eng@2015-04-10

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