Kenya Aviation Workers’ Union v Kenya Airports Authority & another [2018] KEELRC 2136 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to merge three union disputes and kept a KAA official personally in the case.
What this practically means
#Executive summary
#Key legal issues
#Whether consolidation was merited under Rule 23 of the ELRC (Procedure) Rules
Consolidation refused because the subject matters, facts and questions of law in the three matters are different.
Rule 23 permits consolidation where a common question of fact or law arises or it is practical and appropriate to proceed simultaneously. The court compared the issues in each matter: the instant petition contests termination of the Recognition Agreement and CBA; Petition 48/2017 concerns refusal to engage in collective bargaining and deduct dues; Cause 2204/2015 concerns failure to deduct dues and implement the CBA for Job Grade 5 employees. Commonality of parties alone is insufficient.
Whether the 2nd respondent should be struck out on the basis of Sections 3 and 9 of the Kenya Airports Authority Act
Application to strike out refused; the provisions invoked do not shield staff from suit and her liability is a matter for trial.
The 2nd respondent deposed that she acted on behalf of the 1st respondent under its directions but attached no instructions. Sections 3 and 9 of the Kenya Airports Authority Act merely establish the Authority as a body corporate and vest management in the managing director; they do not address staff liability. Whether she personally violated constitutional rights must be determined by the court after assessing evidence.
Legal principles established
#- Consolidation of suits will be ordered only where common questions of law or fact arise of such importance that the matters can conveniently be disposed of simultaneously
Court orders
#- 1.The preliminary objection dated 8th November 2017 is dismissed
- 2.The notice of motion dated 24th November 2017 is dismissed
- 3.Costs awarded to the petitioner
- Jurisdiction invoked
- Sections 3 and 12(3)(viii) of the Employment and Labour Relations Court Act; Article 27, 36, 41 and 47 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Aviation Workers’ Union v Kenya Airports Authority & another [2018] KEELRC 2136 (KLR)", Case Analysis (2018). Nairobi ELRC Petition No. 88 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2136/eng@2018-04-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.