Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated (Cause transferred from Nakuru to Eldoret)· [2017] KEELRC 1972 (KLR)

Kenya National Private Security Workers Union v S & I Security Assured Limited [2017] KEELRC 1972 (KLR)

Employment and Labour Relations Court
29 September 2017
RSRadido Stephen
259 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

The Employment Court dismissed a union's case over unpaid dues because the union failed to attend the hearing and follow court directions.

What this practically means

#

Executive summary

#
The Kenya National Private Security Workers Union sued S & I Security Assured Ltd on 4 June 2015 over the Respondent's refusal to deduct and remit union dues. The Respondent filed a Response on 19 June 2015 exhibiting cheques issued to the Union as union dues. On 26 April 2017 the Cause was transferred from Nakuru to Eldoret, and on 25 July 2017 the Court scheduled the hearing for 28 September 2017 and directed the parties to file and exchange witness statements and affidavits. When the Cause was called out for hearing on 28 September 2017, the Union was not represented, and Mr. Nyachiro for the Respondent applied for dismissal for non-attendance. The Court noted two grounds for dismissal: the Union's failure to attend Court to prosecute the Cause, and the failure of both the Union and the Respondent to comply with the order to file witness statements and affidavits. The Court ordered the Cause dismissed with no order as to costs. The judgment was delivered, dated and signed in Eldoret on 29 September 2017 by Radido Stephen, Judge. No authorities were cited and no substantive determination was made on the merits of the dues dispute.

Key legal issues

#
01

Dismissal of cause for non-attendance and non-compliance with directions

Holding

The Cause was dismissed because the Union failed to attend the hearing and both parties failed to comply with the order to file witness statements/affidavits

Reasoning

The dispute over refusal to deduct and remit union dues had been pending since June 2015. Directions were issued on 25 July 2017 for filing and exchange of witness statements and affidavits ahead of the hearing scheduled for 28 September 2017. On the hearing date the Union was not represented, and neither party had complied with the filing directions. The Respondent applied for dismissal for non-attendance, and the Court dismissed the Cause, making no order as to costs.

p. 1

Legal principles established

#
  • A cause may be dismissed for non-attendance of the claimant at the hearing, and for non-compliance with court directions on filing witness statements

Court orders

#
  1. 1.The Cause be dismissed with no order as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the stated trade dispute (refusal to deduct and remit union dues)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya National Private Security Workers Union v S & I Security Assured Limited [2017] KEELRC 1972 (KLR)", Case Analysis (2017). Not stated (Cause transferred from Nakuru to Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1972/eng@2017-09-29

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