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ELRCPartially AllowedNot stated in the judgment (application dated 6th June, 2018)· [2018] KEELRC 1721 (KLR)

Kenya Plantation & Agricultural Workers Union v Eastern Produce Kenya Limited [2018] KEELRC 1721 (KLR)

Employment and Labour Relations Court
20 June 2018
1,117 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court varied a consent order on money deposit because the agreed arrangement proved impracticable, while censuring both sides for litigating a trivial disagreement.

What this practically means

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Executive summary

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The respondent/applicant moved the Employment and Labour Relations Court by a notice of application dated 6th June 2018 seeking to set aside and vary a consent order adopted on 14th May 2018. The consent had required deposit of a decretal sum of Kshs.173,182.22 into a joint interest earning account in the names of the advocates for the respondent and the claimant union within 21 days, in default of which execution would issue. The applicant alleged that although its advocates approached KCB Bank, the claimant union failed to comply with the bank's requirements, making the agreed mode of deposit impracticable, and sought instead that the decretal sum be deposited in court pending hearing and determination of an appeal. The claimant/respondent opposed in a replying affidavit sworn on 11th June 2018, describing the application as founded on falsehoods, denying any approach to the bank, asserting that the consent order remained in force, and contending that the application, filed after the lapse of the 21-day period, disclosed no grounds such as fraud, collusion, mistake or illegality warranting variation. The court, per D.K.N. Marete J, described the dispute as a storm in a tea cup, a triviality that should have been settled by a chat inter partes, and cautioned parties against abusing court process, invoking section 3 of the Employment and Labour Relations Court Act, 2014. Nonetheless, the court allowed the application, varying the consent of 14th May 2018 to permit deposit of the decretal sum in court pending the appeal, and ordered each party to bear their own costs.

Key legal issues

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01

Variation of a consent order of court

Holding

The court has discretion to vary a consent order where, as here, the agreed mode of compliance (opening a joint interest earning account) has become impracticable; the court exercised that discretion by permitting deposit of the decretal sum in court pending appeal

Reasoning

The applicant sought variation of a consent order directing deposit of the decretal sum in a joint interest earning account, alleging impracticability of execution because the claimant could not meet the bank's requirements. The respondent opposed, alleging falsehoods and delay beyond the 21-day period. The court regarded the dispute as trivial, capable of being resolved between the parties, and inclined to allow the application in the interest of justice rather than to endorse escalation of a trivial disagreement into formal proceedings.

p. 2
02

Abuse of court process over trivial matters

Holding

The court censured both parties for litigating a trivial variation issue that should have been settled by a chat inter partes, describing the proceedings as bordering on an abuse of process

Reasoning

The court observed that the hullabaloo over a mere change in the depository of the decretal sum was disproportionate, and that the parties ought to have resolved it informally. It invoked the principle objective of the ELRC under section 3 of the Employment and Labour Relations Court Act, 2014 to remind parties of their duty to facilitate the just, expeditious, efficient and proportionate resolution of disputes. However, this censure did not prevent the court from granting the substantive relief.

p. 2

Legal principles established

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  • Parties are mandated to assist the court in furtherance of the court's objective of just, expeditious, efficient and proportionate resolution of disputes under section 3 of the Employment and Labour Relations Court Act, 2014

Court orders

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  1. 1.The consent dated 14th May, 2018 be varied with an order of depositing the decretal sum in court pending hearing and determination of the appeal
  2. 2.Each party to bear their own costs of the application

Authorities

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Legislation

  • Employment and Labour Relations Court Actsection 3
Jurisdiction invoked
Employment and Labour Relations Court Act, 2014 (section 3); the court's discretion in an application to vary a consent order

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, "Kenya Plantation & Agricultural Workers Union v Eastern Produce Kenya Limited [2018] KEELRC 1721 (KLR)", Case Analysis (2018). Not stated in the judgment (application dated 6th June, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1721/eng@2018-06-20

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