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ELRCStruck OutCause 2289 of 2015 (referenced); Memorandum of Claim and Notice of Motion dated 30th August 2019· [2020] KEELRC 145 (KLR)

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & 2 others; Kenya Power And Lighting Company (Interested Party) [2020] KEELRC 145 (KLR)

Employment and Labour Relations Court
4 December 2020
MOMaureen Onyango
2,338 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court struck out a union's suit over an electricity bill, tenancy and pension dispute because those matters fall outside its legal jurisdiction.

What this practically means

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Executive summary

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The 2nd Respondent, Kenya Railways Staff Retirement Benefits Scheme, filed a preliminary objection seeking to strike out the Claimant union's application dated 30th August 2019 and the entire claim on grounds of lack of jurisdiction, res judicata and sub judice, frivolousness, want of locus standi and abuse of process. The Interested Party, Kenya Power and Lighting Company, filed grounds of opposition asserting there was no nexus between it and the Claimant's prayers. The 2nd Respondent argued that the union had no employment relationship or recognition agreement with it, that the grievances concerned evictions and a pension dispute belonging to its Secretary General Munayi Isaac Opondo personally, and that the claim was also statute barred under Section 90 of the Employment Act. The Claimant relied on Article 162(2)(a) of the Constitution and a prior ruling in Cause 2289 of 2015 to assert jurisdiction and locus standi as a registered trade union. Relying on Owners of Motor Vessel 'Lillian S' v Caltex Oil and Samuel Kamau Macharia, and on the principle that jurisdiction is determined on the pleadings, Maureen Onyango J held that the issues - an accrued electricity bill, a tenancy dispute and a pension dispute - do not relate to employment and labour relations under Section 12 of the ELRC Act, and that neither Respondent had any employment relationship with the Claimant. The preliminary objection was allowed on the jurisdictional ground alone, the suit was struck out, and there were no orders for costs.

Key legal issues

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01

Jurisdiction of the ELRC over pension, tenancy and electricity bill disputes

Holding

The Court has no jurisdiction to determine an accrued electricity bill, a tenancy dispute and a pension dispute, as these do not fall within Section 12 of the Employment and Labour Relations Court Act

Reasoning

Section 12 of the ELRC Act confers jurisdiction over employment and labour relations disputes. On the pleadings, the legal basis of the claim was a pension dispute and eviction of Mr. Munayi from staff quarters, and the application sought regularisation of an electricity account. Neither Respondent had any employment or labour relationship with the Claimant union, and no Recognition or Collective Bargaining Agreement existed. The Court had previously determined that pensions are not within its realm.

p. 3
02

Whether the Court could determine the remaining grounds of the preliminary objection

Holding

No; once lack of jurisdiction is established, the Court must down its tools and make no finding on the other issues

Reasoning

Citing Owners of Motor Vessel 'Lillian S' v Caltex Oil, the Court held that jurisdiction is everything and that without it a court has no power to make one more step. Having found no jurisdiction, it was unnecessary to determine locus standi, res judicata, sub judice or abuse of process grounds.

p. 3

Legal principles established

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  • A court must down its tools once it makes a finding that it has no jurisdiction
  • Jurisdiction is determined on the basis of the pleadings, not the substantive merits of the case

Court orders

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  1. 1.The 2nd Respondent's preliminary objection is allowed on the ground that the issues raised in the suit and application are not within the jurisdiction of this Court
  2. 2.The suit is struck out
  3. 3.No orders for costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(2)(a)
  • Constitution of Kenya, 2010Article 50
  • Constitution of Kenya, 2010Article 159(2)(d)
  • Constitution of Kenya, 2010Article 48
  • Employment and Labour Relations Court ActSection 12
  • Labour Institutions Act No. 12 of 2010Section 12(1)
  • Labour Relations Act 2007Section 2
  • Employment ActSection 90
  • Retirement Benefits Authority Actdispute resolution mechanisms
  • Civil Procedure RulesOrder 9 Sub-Rule 2; Order 21 Rule 1
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 1B

Cases cited (5)

  • Owners of Motor Vessel ‘Lillian S’ v Caltex Oil (Kenya) Limited
    (1989) KLR 1
  • Joyce Cherop Kaspandoy & 609 others v Kenya Power and Lighting Company
    [2019] eKLR
  • Samuel Kamau Macharia v Kenya Commercial Bank Limited & 2 others
    [2012] eKLR
  • The Attorney General v Kenya Commercial Bank & 3 Others
    Nakuru HCCC No. 260 of 2004 (as printed)
  • Vuyile Jackson Gcaba v Minister for Safety and Security First & Others
    Case CCT 64/08 [2009] ZACC 26
Jurisdiction invoked
Article 162(2) of the Constitution; Section 12 of the Employment and Labour Relations Court Act

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 Kenya Railways Corporation & 2 others; Kenya Power And Lighting Company (Interested Party) [2020] KEELRC 145 (KLR)", Case Analysis (2020). Cause 2289 of 2015 (referenced); Memorandum of Claim and Notice of Motion dated 30th August 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/145/eng@2020-12-04

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