Kenya Private Univeresities Workers Union v Kenya Methodist University [2018] KEELRC 343 (KLR)
The bottom line
#A Kenyan union couldn't copy awards from an earlier case for 15 dismissed workers because the university showed the payments differed, so the case goes to a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Proper forum for the claim
The Nairobi registry was the proper forum because the employees were deployed at the respondent's Nairobi station or campus
The court found no dispute that the 15 employees served at the Nairobi campus. On that factual basis, the claimant was entitled to institute the suit at the Nairobi registry, and the respondent's objection as to venue and forum shopping did not prevail.
Whether the 15 employees are entitled to the same reliefs as in the earlier consolidated causes
No - triable issues exist as to payment of terminal dues and their application to KEMU Sacco loans, making the circumstances substantially different from the earlier decided cases
The respondent asserted, through its Legal Officer's affidavit, that the 15 employees were paid final dues which were applied to settle their loans with KEMU Sacco. The court found this raised important triable issues, distinguishing the present case from the earlier judgment and directing a full hearing on the merits.
Legal principles established
#- Where employees were deployed to serve at a particular station, the union is entitled to file the suit in the Court registry at that station
- A claimant cannot obtain awards mirroring an earlier judgment where triable issues show the circumstances are substantially different; the suit must proceed to full hearing on its own merits
Court orders
#- 1.The application dated 11.07.2018 is dismissed
- 2.Costs of the application in the cause
- 3.The response to the memorandum of claim, the respondent's list and copies of documents, and the respondent's witness statements to be filed and served by 20.01.2019, and the reply to response with the claimant's further list and copies of documents or witness statements may be filed and served by 10.02.2019
- 4.Parties to fix a date for pre-trial conference on priority basis once the pleadings have closed
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act and Rule 17 of the Employment and Labour Relations Court (Procedure) Rules 2016; sections 73 & 74 of the Labour Relations Act, 2007 and sections 2, 35, 40, 42, 43, 44, 45, 46, 48, 49, 50 and 51 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Univeresities Workers Union v Kenya Methodist University [2018] KEELRC 343 (KLR)", Case Analysis (2018). Notice of motion dated 11.07.2018 in a memorandum of claim dated 11.07.2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/343/eng@2018-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.