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ELRCPartially AllowedCause No 540 of 2014· [2018] KEELRC 2054 (KLR)

William Muga Aketch v Tailors and Textiles Workers’ Union [2018] KEELRC 2054 (KLR)

Employment and Labour Relations Court (Industrial Court)
11 May 2018
1,701 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ordered a trade union to pay its removed Secretary General over Kshs. 1.2 million because a reinstatement award that was never challenged must be enforced.

What this practically means

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Executive summary

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The claimant, a former Secretary General of the respondent union elected in 2002 and re-elected in 2006 for five-year terms, was removed from office in December 2009 pursuant to a National Executive Committee meeting, with a Form Q notice of change of officers filed with the Registrar of Trade Unions and the removal advertised in the Daily Newspaper. He complained to the Registrar and then filed Industrial Court Cause No. 3N of 2010, in which an award delivered on 1st November 2010 declared the removal meeting improperly convened, ordered de-registration of the Form Q notice and reinstated the claimant without loss of benefits until 31st December 2011. The union's judicial review application (JR Misc. Civil Application No. 327 of 2010) was dismissed, the High Court holding the award's orders were spent, and subsequent litigation (Petition No. 26 of 2012 and JR No. 255 of 2012) did not disturb the award. In the present claim, filed on 3rd April 2014 and disposed of by consent through written submissions, the claimant sought Kshs.1,214,125 in salary, house and leave allowances, costs and interest. The court found the award had never been set aside, stayed or varied, and that enforcing it was the court's duty; agreeing with the union would sanction disobedience of unchallenged orders. The respondent did not contest the figures. Judgment was entered for the claimant for Kshs.1,214,125, with costs and interest at court rates from the date of judgment. The prayer for 12 months' compensation for unlawful termination, raised only in submissions, was rejected as it was not pleaded in the claim.

Key legal issues

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01

Enforceability of an unchallenged reinstatement award

Holding

The award in Cause No. 3N of 2010 was never set aside, stayed or varied, so the court was bound to enforce it and award the claimant the benefits due under the reinstatement.

Reasoning

The matter had been litigated in four prior suits, all determinations favouring the claimant. The High Court in the judicial review declined to quash the award's orders as they were spent, but did not set them aside. The respondent neither obtained a stay nor complied with the award; enforcing it was a duty of the court, and agreeing with the respondent would sanction disobedience of unchallenged court orders.

p. 3
02

Uncontested quantum

Holding

As the respondent did not contest the figures prayed for, the court presumed them correct and awarded Kshs.1,214,125.

Reasoning

The respondent's submissions contested entitlement generally, asserting the claimant performed no services after removal, but did not contest the specific figures. The court could therefore presume correctness and enter judgment as particularised in the statement of claim.

p. 3

Legal principles established

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  • Courts are obliged to enforce awards and orders that have not been set aside, stayed or varied; declining to do so would sanction disobedience of court orders.
  • A court does not issue orders in vain or orders incapable of enforcement.

Court orders

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  1. 1.Judgment entered for the claimant against the respondent in the sum of Kshs.1,214,125 as particularised under paragraph 24 of the statement of claim
  2. 2.Respondent to pay the claimant's costs of the suit
  3. 3.The decretal sum to bear interest at court rates from the date of judgment

Authorities

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Legislation

  • Labour Relations ActForm Q - Notice of Change of Names or Titles of Officers/Officials
Jurisdiction invoked
Original employment jurisdiction of the Industrial Court over a claim for employment benefits arising from a trade union officer's removal

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, "William Muga Aketch v Tailors and Textiles Workers’ Union [2018] KEELRC 2054 (KLR)", Case Analysis (2018). Cause No 540 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2054/eng@2018-05-11

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