Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCStruck OutNot stated in judgment· [2017] KEELRC 1714 (KLR)

Kenya Shipping Clearing and Warehouses Workers Union v Rapid Kate Services Limited & another [2017] KEELRC 1714 (KLR)

Employment and Labour Relations Court
21 February 2017
HWHellen Wasilwa
413 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court struck out a duplicate workplace dispute, ruling parties must pursue related claims within the pending case, not file a new one.

What this practically means

#

Executive summary

#
This first-instance ruling of the Employment and Labour Relations Court by Hellen Wasilwa J, delivered on 21st February 2017, determines a preliminary objection dated 20th July 2016 raised by the 1st Respondent. The objection contended, on a point of law, that the entire suit and application were incompetent and an abuse of the Court process pursuant to Section 7 of the Civil Procedure Act (CAP 21) and Article 50 of the Constitution, being sub judice and res judicata by dint of ELRC Cause No. 813 of 2016. The Respondents submitted that judgment in Cause 813 of 2016 had been delivered on 23rd September 2016 by Ndolo J in favour of the 2nd Respondent, the CBA had been registered, and the four prayers in the claim had already been awarded in that cause. The Claimants countered that their claim concerned union dues rather than the CBA, that they had opposed registration of the CBA, and that the 2nd Respondent was not a party to that dispute. The Court compared the two causes and found that in Cause 813/2016 the issues were union membership and registration of a CBA, with the parties ordered to negotiate and submit a CBA for registration; the present claim concerned refusal to review the CBA negotiation as recommended by the Cabinet Secretary for Labour, involving the same parties in changed positions. The Court held the matter sub judice and struck the suit out, directing that it be canvassed with Cause 813/2016 through an application. No costs order was made. The judgment does not state the cause number of the present suit or the full names of the parties, which is a minor data-quality limitation.

Key legal issues

#
01

Whether the suit is sub judice and res judicata by dint of Section 7 of the Civil Procedure Act and Article 50 of the Constitution

Holding

The suit was struck out for being sub judice with Cause 813 of 2016, as its issues should be canvassed within that cause through an application.

Reasoning

The court compared the two causes. In Cause 813/2016 before Ndolo J, the issues were union membership and registration of a CBA, with parties ordered to negotiate and submit a CBA for registration, and any dissatisfied party to return to that court. The present claim concerned refusal to review CBA negotiations as recommended by the Cabinet Secretary for Labour, involving largely the same parties in changed positions, and so fell to be litigated within Cause 813/2016 rather than by a separate suit.

p. 2
02

Whether the claim was on union dues rather than the CBA, as the Claimant argued

Holding

The court found the parties were effectively the same and directed the Claimant to the pending cause.

Reasoning

The Claimant had submitted that its claim concerned its dues and not the CBA as in Cause 813/2016, and that the issues differed. The court nonetheless noted that Ndolo J had ordered the parties to negotiate and submit a CBA for registration, with liberty to return to her for further directions, and concluded the matters were the same in substance with only the parties' positions changing.

p. 2

Legal principles established

#
  • A suit whose issues are live or ought to be canvassed within a pending cause before the same court is sub judice and will be struck out

Court orders

#
  1. 1.This suit is struck out for being sub judice

Authorities

#

Legislation

  • Civil Procedure Act (CAP 21, Laws of Kenya)Section 7
  • Constitution of KenyaArticle 50
Jurisdiction invoked
Employment and Labour Relations Court; Article 50 of the Constitution and Section 7 of the Civil Procedure Act (CAP 21) invoked on the preliminary objection

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Shipping Clearing and Warehouses Workers Union v Rapid Kate Services Limited & another [2017] KEELRC 1714 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1714/eng@2017-02-21

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