Kenya Engineering Workers Union v Devki Steel Mills Limited [2016] KEELRC 154 (KLR)
The bottom line
#A union's lock-out claim failed because it named no affected workers and skipped the mandatory conciliation process before going to court.
What this practically means
#Executive summary
#Key legal issues
#Whether a lock-out occurred on 29th June 2015
The claimant failed to prove a lock-out; the memorandum of claim named no employees and disclosed no dispute, so the claim failed on a balance of probability
The claimant's pleadings contained bare allegations without names, work stations or numbers of the affected employees, and no list was attached. The supporting affidavit also omitted the names. The respondent denied any lock-out and asserted attendance at work. Since a party must stand or fall on its pleadings, the court could not grant relief in respect of undisclosed employees.
Whether the suit was competent for want of prior conciliation
The suit was incompetent because the dispute was never reported to the Ministry of Labour for conciliation, no certificate of unresolved dispute was attached, and no affidavit explained the omission
Under Rule 6 of the Industrial Court (Procedure) Rules 2010, a labour dispute must first be reported to the Ministry of Labour for conciliation, and if unresolved within 30 days, a certificate issues to allow referral to the court. Alternatively an affidavit must explain non-referral. The claimant attached none of these, rendering the suit incompetent.
Legal principles established
#- A party must stand or fall on its pleadings; omissions in pleadings cannot be cured by witness statements or oral testimony
- A labour dispute must first be reported to the Ministry of Labour for conciliation, or the suit must be accompanied by an affidavit explaining why it was not, failing which the suit is incompetent
Court orders
#- 1.The suit is dismissed for lack of merit
- 2.Each party to bear costs of the suit
- Jurisdiction invoked
- Industrial Court (Procedure) Rules 2010; Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Devki Steel Mills Limited [2016] KEELRC 154 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/154/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.