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ELRCDismissedCause No. 1526 of 2013 (with related Causes 2062 of 2012, 464 of 2014, 423 of 2014 and 1334 of 2013)· [2016] KEELRC 1732 (KLR)

National Union of Water & Sewerage Employees v Nairobi Water & Sewerage Company Limited [2016] KEELRC 1732 (KLR)

Employment and Labour Relations Court
5 February 2016
LNLinnet Ndolo
630 words in judgment
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The bottom line

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Kenya's Employment Court refused to merge separate employee lawsuits against Nairobi Water because the cases raised different issues and were at different stages.

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, delivered by Linnet Ndolo J on 5th February 2016, determined a Chamber Summons dated 8th July 2014 by which the Respondent, Nairobi Water & Sewerage Company, sought consolidation of several employment causes said to raise common questions of fact and law on behalf of 85 employees: Cause No 2062 of 2012 (National Union of Water & Sewerage Employees v Nairobi Water & Sewerage Company), Cause No 464 of 2014 (Philemon Atik & Another), Cause No 423 of 2014 (Patrick Nyingi Kibui) and Cause No 1334 of 2013 (Kenya County Government Workers Union, involving 36 employees), together with all other related claims. The Respondent argued that consolidation would avoid multiplicity of suits, duplication, conflicting decisions and unnecessary costs, and would occasion no prejudice. The Claimant opposed through a replying affidavit of Philemon Atik, National Treasurer of the Union, contending the matters were distinct: a conciliator's report was pending implementation in Cause No 1526 of 2013; Cause No 2062 of 2012 concerned union dues and agency fees; Cause No 423 of 2014 was a single-employee unlawful termination claim; and the 36 employees in Cause No 1334 of 2013 were not party to the conciliation. Relying on Rule 23 and applying the Supreme Court's decision in Law Society of Kenya v Centre for Human Rights & Democracy, the court found the suits raised diverse points of fact and law and were at different litigation stages, so consolidation would not serve the ends of justice. The application was dismissed with costs in the cause.

Key legal issues

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Whether consolidation was warranted under Rule 23 of the Court's Rules

Holding

Consolidation was refused because the suits targeted raise diverse questions of fact and law and are at different litigation stages

Reasoning

Rule 23 permits consolidation where common questions of fact or law arise. The court adopted the Supreme Court's guidance that consolidation is meant to facilitate efficient and expeditious disposal and must not confer undue advantage or occasion injustice. On reviewing the targeted suits, the court found both diversity of issues and differing procedural stages, concluding consolidation would not serve the ends of justice.

p. 2

Legal principles established

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  • Consolidation is meant to facilitate efficient and expeditious disposal of disputes and must not occasion injustice to any party

Court orders

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  1. 1.The Respondent's Chamber Summons dated 8th July 2014 seeking consolidation of claims is dismissed
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) RulesRule 23

Cases cited (1)

  • Law Society of Kenya v Centre for Human Rights & Democracy & 12 Others
    [2014] eKLR
Jurisdiction invoked
Rule 23 of the Rules of the Employment and Labour Relations Court (consolidation of suits)

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, "National Union of Water & Sewerage Employees v Nairobi Water & Sewerage Company Limited [2016] KEELRC 1732 (KLR)", Case Analysis (2016). Cause No. 1526 of 2013 (with related Causes 2062 of 2012, 464 of 2014, 423 of 2014 and 1334 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1732/eng@2016-02-05

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