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ELRCOtherCause (number not stated in the judgment; instant Cause, Nairobi)· [2018] KEELRC 1631 (KLR)

Matilda J. Kimetto & 380 others v Kenya County Government Workers Union & another [2018] KEELRC 1631 (KLR)

Employment and Labour Relations Court
6 July 2018
RSRadido Stephen
457 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to stop a union conference, deferring to an earlier order and consolidating overlapping union disputes before one judge.

What this practically means

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Executive summary

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This ex tempore ruling of the Employment and Labour Relations Court in Nairobi, delivered by Radido Stephen, J on 6 July 2018, arose from urgent applications by the Organising Secretary and National Treasurer of the Kenya County Government Workers Union seeking to interdict a Special National Delegates Conference called by the 2nd Respondent, the Branch Secretary of the Uasin Gishu Branch, through a notice in the Daily Nation of 4 July 2018, to be held that same day in Nakuru. The applicants contended the conference was not convened in terms of Article 5:5 of the Union's Constitution, and the 1st Respondent's counsel stated from the bar that the meeting had not been convened by the General Secretary as the constitution required. The 2nd Respondent was served but did not appear. The Court noted a multiplicity of suits within the union, including Nairobi Cause No. 606 of 2018 and Nakuru Cause No. 112 of 2018, and observed that the parties had turned the Court into a theatre of action. Crucially, there existed a court order of 14 June 2018 allowing the convening of a Special National Delegates Conference, and the Court declined to issue orders that might appear inconsistent with it, observing that any illegal resolutions could be undone at the Office of the Registrar of Trade Unions or by the Court. To avoid inconsistent decisions, the Court directed that the file be placed before the Judge in Nakuru on 10 July 2018 for further directions and orders. No costs order was made.

Key legal issues

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01

Consistency of orders across courts with competing suits

Holding

The Court declined to interdict the conference because an earlier order of 14 June 2018 had permitted the convening of a Special National Delegates Conference

Reasoning

The Court observed a multiplicity of suits within the union and noted that issuing inconsistent orders would not be proper. Instead it referred the file to the Nakuru judge for further directions, and observed that any illegal resolutions could be undone at the Office of the Registrar of Trade Unions or by the Court.

p. 2

Legal principles established

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  • Where another court has made orders on the same subject matter, a court should avoid issuing orders that may appear inconsistent with them

Court orders

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  1. 1.The file to be placed before the Judge in Nakuru on 10 July 2018 for further directions and or orders
  2. 2.This ex tempore ruling delivered, dated and signed in Nairobi on 6 July 2018
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over trade union disputes (not expressly invoked in the ruling)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Matilda J. Kimetto & 380 others v Kenya County Government Workers Union & another [2018] KEELRC 1631 (KLR)", Case Analysis (2018). Cause (number not stated in the judgment; instant Cause, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1631/eng@2018-07-06

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