Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) & another v Kenya Union of Post Primary Education Teachers (Kuppet) – Headquaters & 3 others [2019] KEELRC 1830 (KLR)
The bottom line
#Kenya's Employment Court ruled the Attorney General must stay in a worker's lawsuit when a labour officer's actions are challenged.
What this practically means
#Executive summary
#Key legal issues
#Joinder of the Attorney General as 4th Respondent
The Attorney General was properly joined because the claim alleged actions or inactions of the Tharaka Nithi Labour Officer.
The court noted the grievant was employed by the 1st Respondent, a trade union capable of suing and being sued, and that the 1st and 2nd Respondents were not answerable to the Attorney General. However, paragraphs 4 to 7 of the claim cited incidences pointing to actions or inactions of the Labour Officer of Tharaka Nithi, implying a claim against the Attorney General. It was therefore appropriate that the Attorney General remain enjoined to defend those actions.
Preliminary objection under Section 43 of the County Government Act, 2012
The objection that the suit offended Section 43 of the County Government Act failed.
The 4th Respondent argued that the County Government is autonomous and the Attorney General can only represent it upon its request, pursuant to Section 43 of the County Government Act and Article 156(4) of the Constitution. The Claimant countered that joinder was compelled under Section 13A(2) of the Government Proceedings Act and Article 50(2)(k). The court, finding a claim against the Labour Officer, held the Attorney General properly enjoined and dismissed the objection.
Legal principles established
#- Where the grievant's claim points to actions or inactions of a Labour Officer, the Attorney General is properly enjoined to defend those actions.
Court orders
#- 1.The Notice of Preliminary Objection dated 21st February 2018 is dismissed
- 2.The 4th Respondent (Attorney General) stays as a party to the suit
- 3.Costs in the cause
- Jurisdiction invoked
- Article 162(2) of the Constitution - Employment and Labour Relations Court jurisdiction; provisions considered include Article 50(2)(k), Article 156(4), County Government Act 2012 s.43, Government Proceedings Act s.13A(2)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) & another v Kenya Union of Post Primary Education Teachers (Kuppet) – Headquaters & 3 others [2019] KEELRC 1830 (KLR)", Case Analysis (2019). Statement of Claim filed 2nd May 2017 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1830/eng@2019-04-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.