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ELRCAllowedApplication dated 14/8/2020 (Notice of Motion in a Claim)· [2020] KEELRC 31 (KLR)
John Wesonga Lutta v Wesa P.M. Malack (Sued As The Purpoted Acting Executive Secretary – Kenya National Union Of Teachers (KNUT) Mumias Branch & 3 others [2020] KEELRC 31 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan court suspended KNUT's attempt to replace its Mumias branch executive secretary, ruling the removal must follow union rules requiring a two-thirds branch vote.
What this practically means
#Executive summary
#The Claimant, KNUT Mumias Branch, moved the court by Notice of Motion dated 14/8/2020 seeking to restrain the Registrar of Trade Unions from registering purported changes of branch officials made on or about 27/7/2020 by the Secretary General, Hon. Wilson Sossion, namely the suspension of the Branch Executive Secretary, Mr. John Wesonga Lutta, and the appointment of Mr. Wesa P.M. Magak, the 1st Respondent, to act in that position. The gravamen of the application was that due process was not followed in the suspension; that suspension of a branch official may only be done by a 2/3 majority decision of all members attending a duly called Branch General meeting, and that the impugned suspension was therefore contrary to the union constitution and the rules of natural justice, unlawful and unfair. The respondents were duly served with the application, as evidenced by an affidavit of service of a process server, Daniel Kombo Omukoko, who served the 2nd respondent's vice chairperson. The respondents filed no replying affidavit, leaving the application unopposed. The Claimant filed written submissions pursuant to directions given on 17/8/2020. The court allowed the application and granted orders in terms of prayers 3, 5 and 6 of the Notice of Motion, directing that the positions and status of branch officials prior to the purported changes of 21/7/2020 be reverted to and maintained pending the hearing and determination of the claim, and restraining the Registrar of Trade Unions from effecting any changes on the register in respect of the position of Branch Executive Secretary. Costs were awarded in the cause. The judgment was delivered online pursuant to COVID-19 directions.
Key legal issues
#01
Whether the suspension and replacement of the Branch Executive Secretary followed due process
Holding
The application was allowed; the status quo prior to the purported changes was ordered restored pending hearing of the claim
Reasoning
The applicant argued the suspension was done contrary to the union constitution and rules of natural justice, without a 2/3 majority decision of a duly called Branch General meeting. The respondents were duly served but filed no replying affidavit, leaving the application unopposed. The court considered the application and allowed it in terms of prayers 3, 5 and 6, granting interim orders preserving the pre-change positions.
p. 1
Legal principles established
#- Suspension of a branch official of a trade union may only be done by a 2/3 majority decision of all members attending a duly called Branch General meeting; suspension without such due process is contrary to the union constitution and the rules of natural justice.
Court orders
#- 1.The positions and status of the officials of KNUT Mumias Branch prior to the purported changes made on or about 21/7/2020 be reverted to and maintained pending hearing and determination of the claim
- 2.The Registrar of Trade Unions not to effect any changes on the register of trade unions in respect of the position of Branch Executive Secretary, KNUT Mumias Branch pending the hearing of the claim and to maintain status quo before 21/7/2020
- 3.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court original jurisdiction over employment/trade union disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Wesonga Lutta v Wesa P.M. Malack (Sued As The Purpoted Acting Executive Secretary – Kenya National Union Of Teachers (KNUT) Mumias Branch & 3 others [2020] KEELRC 31 (KLR)", Case Analysis (2020). Application dated 14/8/2020 (Notice of Motion in a Claim). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/31/eng@2020-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.