National Union of Water & Sewerage Employees v Registrar of Trade Unions & 17 others [2016] KEELRC 1843 (KLR)
The bottom line
#The Employment Court refused to reopen a settled union leadership dispute, ruling that a prior final judgment already covering the same issue cannot be challenged again.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to set aside a consent order
The court has jurisdiction to review its own orders including consent orders; jurisdiction was not the bar.
The court held the principal parties supported the consent but the 3rd respondent denounced it. The dispute framed was whether the court could entertain an application to set aside a consent order. The court answered affirmatively, holding that a court may review its own orders whether entered by consent or otherwise. The real obstacle was therefore not jurisdiction but res judicata arising from the earlier ruling.
Res judicata
The application is res judicata because the validity of the same consent order was already determined on the merits in the ruling of 17th April 2015.
The court noted that its ruling of 17th April 2015 dismissed the application for review on the merits, upholding the consent order. The 6th to 17th interested parties, joined only after that ruling, sought to revisit the same issue between the same parties. All three elements of res judicata were satisfied: an earlier decision, a final judgment on the merits, and the same parties or those in privity with them.
Legal principles established
#- The court has jurisdiction to review its own orders, whether entered by consent or otherwise
- The essential elements of res judicata are an earlier decision on the issue, a final judgment on the merits, and the same parties or parties in privity
Court orders
#- 1.The application dated 12th November 2015 is dismissed with costs to be borne by the 6th to 17th applicants
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007 and the court's inherent power to review its own orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Union of Water & Sewerage Employees v Registrar of Trade Unions & 17 others [2016] KEELRC 1843 (KLR)", Case Analysis (2016). Notice of motion dated 12th November 2015 in Cause No. 513 of 2009 (N). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1843/eng@2016-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.