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ELRCDismissedPetition (ELC/ELRC, Nairobi) - applications dated 8th August 2016, 1st September 2016 and 13th September 2016· [2016] KEELRC 51 (KLR)

Samuel Muga Olale & 3 others (all suing as Chairman, Secretary General, Treasurer and Organising Secretary of Universities Academic Staff Union (UASU) v Registrar of Trade Unions & 6 others [2016] KEELRC 51 (KLR)

Employment and Labour Relations Court
6 October 2016
MMM. Mbaru
3,247 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 and Labour Relations Court refused to add parties to a union election petition because they never clearly stated what stake or remedy they were seeking.

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 (M. Mbaru, J) dealt with two applications for joinder as interested parties arising from a Petition in which the Petitioners, claiming to be validly elected officials of the University Academic Staff Union (UASU) following elections of 22nd July 2016, sought a certificate of registration from the Registrar of Trade Unions, who had declined registration and directed fresh elections. Prof. Samuel S. Kubasu, who vied for Secretary General and whose complaints to the UASU Electoral Commission and the Registrar underpinned the refusal to register, applied to be enjoined, citing his rights to a fair hearing and free and fair elections. Four UASU members and delegates (Makokha, Lemoosa, Nyasetia and Shivachi) also sought joinder, alleging their rights to fair and democratic elections were violated and accusing the Petitioners of usurping office and stalling fresh elections. The Petitioners opposed, arguing the applicants showed no stake, no locus standi and no relief sought, relying on Commissioner of Co-operative Development v Thika Coffee Mills and Kingori v Chege. The respondents supported joinder. The court, applying Rule 2 of the 2013 Practice and Procedure Rules and the Supreme Court's criteria in Communications Commission of Kenya v Royal Media Services, held that joinder requires a clearly articulated stake and specific remedy. Neither group articulated a remedy; the Registrar should address their complaints, or they may file separate claims. The joinder applications were dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the intended interested parties demonstrated an identifiable stake warranting joinder

Holding

They did not; joinder was declined because no specific remedy or stake was articulated and the issues can be fully canvassed by the existing respondents

Reasoning

The court defined an interested party under Rule 2 of the 2013 Practice and Procedure Rules and applied the Supreme Court's criteria in Communications Commission of Kenya v Royal Media Services: joinder must result in complete settlement of questions, protect rights, or prevent proliferated litigation. Prof. Kubasu's complaint is for the Registrar of Trade Unions to address, and the members' remedy lies in a separate claim. Joining them would merely protract the suit without adding value.

p. 6
02

Whether dissatisfaction with a union election can be ventilated by joining a petition filed by the rival candidates

Holding

No; recourse for dissatisfied members or candidates is to the Registrar of Trade Unions or a separate court claim, not joinder in a petition seeking a certificate of registration

Reasoning

The Petition concerns the Registrar's refusal to issue a certificate of registration to the Petitioners. The intended interested parties did not seek a specific remedy against the respondents; orders cannot be claimed at large without stating against whom. The Registrar holds all relevant information and the respondents were sufficient to run the course of the suit.

p. 5

Legal principles established

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  • An interested party must have an identifiable stake or legal interest or duty in the proceedings, and must set out the remedy or stake it seeks - the court will not discern it for the party
  • Parties are not to be enjoined as a matter of course; they must illustrate their stake, their assistance to the court, and the prejudice they would suffer if denied joinder

Court orders

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  1. 1.The applications for joinder by the applicants as intended interested parties filed on 1st September 2016 and 13th September 2016 are dismissed
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Jurisdiction under the Employment and Labour Relations Act over a petition concerning trade union elections and the Labour Relations Act (rules invoked: Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013)

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, "Samuel Muga Olale & 3 others (all suing as Chairman, Secretary General, Treasurer and Organising Secretary of Universities Academic Staff Union (UASU) v Registrar of Trade Unions & 6 others [2016] KEELRC 51 (KLR)", Case Analysis (2016). Petition (ELC/ELRC, Nairobi) - applications dated 8th August 2016, 1st September 2016 and 13th September 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/51/eng@2016-10-06

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