Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Rift Valley Institute of Science & Technology [2016] KEELRC 1670 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's attempt to revive a stalled retirement benefits claim, warning unions they can be sued for negligently handling members' disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether notice from the Court was required before dismissal of the Cause
No notice was necessary because KUDHEIHA was represented when the hearing date was fixed and had been expressly directed to serve a hearing notice
The Court held that its discretion to dismiss a cause for non-attendance could be exercised without prior notice where the party was represented when the date was fixed and had been directed to serve a hearing notice. The dismissal therefore flowed directly from the claimant's own default, and the contention that parties were denied notice failed.
Whether the dismissal order should be set aside and the Cause reinstated
No; KUDHEIHA had failed to proceed on three occasions and had not complied with peremptory orders without sufficient or reasonable explanation
The record showed repeated failures to prosecute, non-service of the hearing notice, and non-compliance with orders to file and serve documents. Counsel's explanation (absence abroad) was undisclosed in duration and unpersuasive given the hearing date was fixed nearly a year in advance. The Court found casualness and a dilatory approach amounting to abuse of court process.
Whether the Respondent's consent to reinstatement on thrown away costs altered the outcome
No; the Court was not bound by the parties' accommodation despite the weak opposition
Although the Respondent did not strongly oppose the application and had agreed to thrown away costs of Kshs 10,000, the Court held that the merits of the application had to be demonstrated by the applicant, which KUDHEIHA had failed to do. Consent between the parties could not cure the applicant's failure to satisfy the court.
Legal principles established
#- Where a party was represented when the hearing date was fixed and expressly directed to serve a hearing notice, the Court may dismiss the cause in the exercise of its discretion without prior notice to the parties
- Unions handling members' disputes may be exposed to causes of action in negligence, just as advocates can be sued for professional negligence
Court orders
#- 1.The motion filed in Court on 4 December 2015 (seeking leave to come on record, review/setting aside of the dismissal order and reinstatement of the Cause) is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a labour dispute concerning refusal to pay retirement benefits (claim commenced 5 July 2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Rift Valley Institute of Science & Technology [2016] KEELRC 1670 (KLR)", Case Analysis (2016). Cause (consolidated with Cause No. 1073 of 2011), filed 5 July 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1670/eng@2016-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.