Kenya Plantation & Agricultural Workers Union v Cabinet Secretary, Labour & Social Protection & another [2018] KEELRC 2549 (KLR)

The claim challenges Gazette Notice No.157 of 13th June 2018 requiring employers to deduct union dues for the 2nd respondent. The cause of action arose on publication of that Notice and concerns employment and labour relations. Such matters fall within the court's statutory mandate under section 12 of the ELRC Act, 2011, read with Article 162(2)(a) of the Constitution, and the pendency of the Supreme Court petition on registration does not oust it.

The earlier litigation between the parties concerned the 2nd respondent's registration and progressed to the Supreme Court. However, the claimant now challenges a fresh Gazette Notice published by the 1st respondent on 13th June 2018. New facts and grounds arising after earlier judgments cannot be barred; the claimant cannot be stopped from urging its case on those new facts.

The 2nd respondent argued the claimant had filed a parallel cause seeking similar orders and should have moved under it. The court held the facts before it were distinct from the other suits and that the authority cited by the 2nd respondent was irrelevant. The rationale of the Gazette Notice had to be addressed on its merits.