Kenya Private Universities Workers Union v United States International University [2020] KEELRC 284 (KLR)
The bottom line
#A Kenyan court refused to reopen a union dues dispute because it was already decided—the union must instead enforce the earlier court order through execution.
What this practically means
#Executive summary
#Key legal issues
#Res judicata and functus officio
The application was res judicata; the access-to-recruit issue was determined by Ongaya J on 21/11/2018 and the claim was also determined, so nothing remains to be added.
The court noted that Judge Ongaya's order of 21/11/2018 granted the Claimant access to recruit union members and indicated there would be no costs for both the Claim and Application, showing the Claim had been determined and the Respondent already directed to do what the Applicant now seeks. Although the present application concerns deduction and remittance of dues, the earlier order had determined the Claim and Application together, leaving only execution as the recourse.
Deduction and remittance of union dues under Section 48 of the Labour Relations Act
Not adjudicated on the merits because the application was barred by res judicata; the Applicant's remedy is execution of the earlier orders.
The court observed that the issue in the application relates to deduction and remittance of union dues and restraint from victimisation, but found no basis to entertain it afresh given the prior determination. The Respondent's preliminary objection on res judicata and functus officio was effectively upheld in substance.
Legal principles established
#- Where a court has already determined a claim and application and extracted a decree, a fresh application seeking similar relief is res judicata and the remedy lies in execution, not fresh litigation.
Court orders
#- 1.The application is res judicata and there is nothing to add to the orders of Judge Ongaya of 21/11/2018
- 2.The Applicant's recourse is to pursue execution proceedings if the Respondent has not complied with the Court orders
- 3.No order of costs
- Jurisdiction invoked
- Section 12 of the ELRC Act; Sections 48, 56 and 74 of the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Workers Union v United States International University [2020] KEELRC 284 (KLR)", Case Analysis (2020). Notice of Motion dated 15th November 2019 (ELRC suit, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/284/eng@2020-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.