National Union of Water & Sewerage Employees v Registrar of Trade Unions & 5 others [2015] KEELRC 1576 (KLR)
The bottom line
#A Kenyan court refused to review a consent order because the twelve applicants were never parties to the case, and punished them with costs.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of non-parties to apply for review of a consent order
The Application fails because the Applicants are strangers to the suit and were never joined, denying them standing to set aside the consent order
The court noted that the consent order of 30th April, 2013 concluded all issues in Cause No. 513(N) of 2009 between the actual parties. The 12 Applicants were not parties to that suit and never sought leave to be joined. Without joinder they lacked locus standi to move the court for review of a consent order binding only on the parties. The supporting affidavit also failed to disclose the deponent's connection to the case or authority to act for the 12 Applicants.
Whether the review application met the requirements of Rule 32 of the Industrial Court (Procedure) Rules, 2010
No ground for review under Rule 32 was disclosed on the face of the application or the supporting affidavit
The supporting affidavit of Philemon Otieno Atik lacked material averments: it did not disclose the deponent's connection to the case, annex no authority to act for the 12 Applicants, give no reasons why the consent order should be set aside, and disclose not a single Rule 32 ground warranting review. The Respondent submitted the consent was not shown to have been irregularly drawn and signed, and the court upheld those submissions.
Legal principles established
#- A non-party cannot seek review of a consent order without first obtaining leave to be joined to the suit to acquire locus standi
Court orders
#- 1.The Application for Review of the consent order dated 14th February, 2014 is dismissed with costs
- Jurisdiction invoked
- Section 16 of the Industrial Court Act, 2011 and Rule 32 of the Industrial Court (Procedure) Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Union of Water & Sewerage Employees v Registrar of Trade Unions & 5 others [2015] KEELRC 1576 (KLR)", Case Analysis (2015). Cause No. 513(N) of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1576/eng@2015-04-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.