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ELRCStruck OutELRC No. 2289 of 2015· [2019] KEELRC 1126 (KLR)

Rift Valley Railways Workers Union (K) v Trustees, Kenya Railways Staff Retirement Benefit Scheme & 2 others; Retirement Benefits Authority & 3 others [2019] KEELRC 1126 (KLR)

Employment and Labour Relations Court
12 July 2019
MOMAUREEN ONYANGO
949 words in judgment
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The bottom line

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Kenya's Employment Court struck out a union's application because it repeated issues already decided in earlier suits between the same parties.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered by Maureen Onyango J on 12th July 2019, determines preliminary objections filed by the 1st and 3rd Respondents and the 4th Interested Party against an application by the Claimant, Rift Valley Railways Workers Union (K), in ELRC Claim No. 2289 of 2015. The objections were that the court was functus officio following prior rulings and a High Court judgment, that the application was res judicata in light of prior rulings by Abuodha J and Radido J in related matters, that the application was defective as it was not predicated on a pending suit, that the Claimant lacked locus standi, and that the application was an abuse of court process. The Claimant countered that the court retained jurisdiction under section 12 of the Employment Act and Article 162 of the Constitution, that the earlier ruling by Ndolo J had merely referred the dispute to the Retirement Benefits Authority Tribunal, and that prior matters were subject to appeal. The Respondents further argued that pension disputes fall under section 46 of the Retirement Benefits Act and that the Claimant was forum shopping. The court noted that in a prior ruling of 19th October 2017 it had found the applicant had filed numerous suits over the same subject matter and had suffocated the respondents with suits on similar grounds. Holding that the same fate must befall the present application, the court found it res judicata and struck it out. No costs order is recorded in the judgment.

Key legal issues

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01

Res judicata

Holding

The application was res judicata because the Claimant had filed several suits broadly in respect of the same subject matter and the court had already held that the applicant had suffocated the respondents with suits on similar grounds

Reasoning

The court reviewed its own earlier ruling of 19th October 2017 in which it found the applicant had filed numerous suits (Misc. Applications Nos. 197 of 2017, 84 of 2016, 76 of 2015, 59 of 2016, 10 of 2018, Petition No. 468 of 2016 and this claim No. 2289 of 2015) over the same subject matter. That ruling had found the earlier application res judicata. The court held the same fate must befall the present application.

p. 3

Legal principles established

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  • An application raising issues already determined in prior suits between the same parties is res judicata and liable to be struck out

Court orders

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  1. 1.The application dated 11th October 2018 is struck out as res judicata

Authorities

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Legislation

  • Employment Actsection 12
  • Retirement Benefits Actsection 46
  • Constitution of KenyaArticle 162

Cases cited (2)

  • Rift Valley Railways Workers Union (K) v Kenya Railways Staff Retirement Benefits Scheme & Anor
    ELRC No. 783 of 2017
  • Rift Valley Railways Workers Union (K) v Kenya Railways Staff Retirement Benefits Scheme
    ELRC Misc. Application No. 197 of 2017
Jurisdiction invoked
Article 162 of the Constitution and section 12 of the Employment Act (as claimed by the Claimant); the court struck out the application on res judicata grounds without determining jurisdiction

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, "Rift Valley Railways Workers Union (K) v Trustees, Kenya Railways Staff Retirement Benefit Scheme & 2 others; Retirement Benefits Authority & 3 others [2019] KEELRC 1126 (KLR)", Case Analysis (2019). ELRC No. 2289 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1126/eng@2019-07-12

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