Rift Valley Railways Workers Union (K) v Rift Valley Retirement Benefits Scheme & 6 others [2018] KEELRC 862 (KLR)
The bottom line
#A Kenyan employment court dismissed a union's repeated attempt to block the sale of pension scheme properties, ruling that re-litigating already-decided matters wastes the court's time.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the union
The court declined to determine locus standi at this stage, finding insufficient material and that it was not central to the application
The respondents argued the union had no recognition agreement or members among pensioners. The court held the issue required more in-depth consideration given the many suits filed and was not central to the application's determination, so it deferred it.
Res judicata and vexatious litigation
The application was res judicata and vexatious, having been replicated in multiple prior applications and rulings
The court noted numerous prior applications over the same subject matter, including rulings by Radido J and E. C. Mwita J declining similar relief. The claimant did not deny having about ten unprosecuted applications over the same issues. The court agreed with Radido J that the application bordered on abuse of process.
Entitlement to the prayers sought
The claimant was not entitled to the orders sought; the application was dismissed
Having found the prayers were previously sought and refused, and that the claimant had suffocated the respondents with suits on similar grounds, the court found the application res judicata, vexatious and an abuse of process, and dismissed it without costs.
Legal principles established
#- An application whose prayers have been sought and determined in prior suits between the same parties is res judicata; repeated litigation over the same subject matter borders on vexation and abuse of court process
Court orders
#- 1.The application dated 19th October 2017 is dismissed with no orders as to costs
- 2.The orders dated 12th October 2018 are discharged
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rift Valley Railways Workers Union (K) v Rift Valley Retirement Benefits Scheme & 6 others [2018] KEELRC 862 (KLR)", Case Analysis (2018). Cause 2289 of 2015 (application dated 19th October 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/862/eng@2018-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.