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ELRCPartially AllowedNot stated in the excerpt (Cause before the Employment and Labour Relations Court)· [2016] KEELRC 275 (KLR)

Kenya Hotels & Allied Workers Union v Sun Africa Hotels & another [2016] KEELRC 275 (KLR)

Employment and Labour Relations Court
14 October 2016
RSRadido Stephen
867 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to stop agency fee deductions early on, saying such final issues must wait for a full hearing of the case.

What this practically means

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Executive summary

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This was a ruling on an interlocutory motion dated 26 November 2015 filed by the Kenya Hotels & Allied Workers Union against the Respondents in a Cause before the Employment and Labour Relations Court at Nakuru. The union sought orders compelling the Respondents to stop deducting agency fee from its members and restraining them from coercing, intimidating or victimising its members, pending hearing of the application and the main claim, as well as a direction that the main Cause be determined on a priority basis. In the course of the proceedings, KUDHEIHA was joined as an interested party, and the Kenya Hotels & Caterers Association was later joined as the 2nd Interested Party. The Court (Radido J) noted a history of repeated non-compliance with its directions, particularly by the 2nd Interested Party, which had delayed the expeditious disposal of the application and the Cause, and observed that the parties had been engaged in related litigation over the same questions. The Court held that the questions raised in the motion were the same as those in the main Cause and that determining them at the interlocutory stage would amount to deciding the Cause without a hearing on the merits, especially as most of the proposed orders were final in nature. It therefore dismissed the motion except for prayer 6, directed the parties to agree on directions for the hearing of the main Cause, and ordered costs in the cause.

Key legal issues

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01

Whether the interlocutory motion should be determined before the main Cause

Holding

The Court declined to determine the issues raised in the motion because they were the same issues as those in the main Cause and most of the proposed orders were final in nature; the motion was dismissed except prayer 6 on priority.

Reasoning

The Court observed that the questions posed in the motion could not be determined without hearing the parties on the merits of the main Cause, since they were the same issues for determination in the Cause. Granting them would be tantamount to deciding the Cause at an interlocutory stage. The Court also noted repeated non-compliance with its directions by the 2nd Interested Party, which had delayed expeditious disposal, and directed parties to agree on hearing directions. Costs were reserved to the cause.

p. 2

Legal principles established

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  • A court should not grant interim relief that would effectively dispose of the main suit without a hearing on the merits

Court orders

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  1. 1.The motion is dismissed save for prayer 6 seeking that the main Cause be determined on a priority basis
  2. 2.Parties to agree immediately on directions as to the hearing of the main Cause
  3. 3.Costs in the cause
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the Cause (statutory basis not expressly cited in the judgment)

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 Hotels & Allied Workers Union v Sun Africa Hotels & another [2016] KEELRC 275 (KLR)", Case Analysis (2016). Not stated in the excerpt (Cause before the Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/275/eng@2016-10-14

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