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ELRCDismissedNot stated in the judgment excerpt· [2019] KEELRC 2054 (KLR)

Kenya National Union of Nurses v Murang’a County Public Service Board & another [2019] KEELRC 2054 (KLR)

Employment and Labour Relations Court
15 March 2019
NMNzioki wa Makau
310 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to let a claimant amend its case to claim unpaid union dues because that issue had already been decided and settled.

What this practically means

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Executive summary

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This is a first-instance ruling of the Employment and Labour Relations Court at Nyeri delivered by Nzioki wa Makau, J, on 15 March 2019, on a motion by the Claimant seeking leave to amend its pleadings to introduce union dues that were allegedly not remitted and were not captured in the payment made pursuant to the court's earlier determination. The Respondent, through Mr. Kamau, opposed the motion, contending that the issue was res judicata because it was central to the suit, featured in the contempt application, and formed part of the parties' compromise. Counsel relied on John Florence Maritime Services Ltd v Cabinet Secretary for Transport and Infrastructure [2015] eKLR and George Omondi v National Bank of Kenya [2001] eKLR. The court held that the deduction and remittance of union dues was the core of the original suit and had been determined, rendering the issue res judicata, particularly given the determination followed by a consent between the parties. The court observed that it could see no reason to revive a settled suit and stated it had no jurisdiction to do so. The application was dismissed with no order as to costs.

Key legal issues

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Whether the proposed amendment offends the doctrine of res judicata

Holding

The amendment sought to reintroduce the deduction and remittance of union dues, which was the core of the suit and had already been determined; the issue is res judicata and the application is declined

Reasoning

The court found that the subject of the motion - deduction and remittance of union dues - was the core of the original suit and was determined by the court, after which the parties entered a consent/compromise. The Respondent, relying on John Florence Maritime Services and George Omondi, argued res judicata and that the issue featured in the contempt application. The court agreed that reviving a settled suit wastes judicial time and held it had no jurisdiction to reopen the matter, dismissing the application but making no order as to costs.

p. 2

Legal principles established

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  • A suit that has been settled, including where there is a court determination followed by a consent between the parties, cannot be revived through amendment; the issues are res judicata and the court has no jurisdiction to reopen it

Court orders

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  1. 1.The Claimant's application is dismissed
  2. 2.There will be no order as to costs

Authorities

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Cases cited (2)

  • John Florence Maritime Services Ltd & Another v Cabinet Secretary for Transport and Infrastructure & 3 Others
    [2015] eKLR
  • George Omondi & Another v National Bank of Kenya & 2 Others
    [2001] eKLR
Jurisdiction invoked
Original Employment and Labour Relations Court jurisdiction; the court held it lacked jurisdiction to reopen a suit that was settled and res judicata

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, "Kenya National Union of Nurses v Murang’a County Public Service Board & another [2019] KEELRC 2054 (KLR)", Case Analysis (2019). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2054/eng@2019-03-15

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