Michael Ndung’u Mutua Muna & 9 others v Secretary General, Kenya National Union of Teachers (KNUT),Wilson Sossion [2020] KEELRC 1404 (KLR)
The bottom line
#The court struck out a case against KNUT's general secretary because the union itself was not joined as a party, ending the members' bid to force meetings.
What this practically means
#Executive summary
#Key legal issues
#Proper party in judicial review against a union official
The trade union (KNUT) is a necessary party; the general secretary cannot be sued alone in judicial review for failure to convene union organs
The court reasoned that the challenged decision relates to failure to convene the NEC and ADC of the union. Moving against the general secretary in his person without the union under which he operates misses a key respondent, and there would be no meaningful accountability or recourse. Ordering the respondent to convene meetings without the union would move in vain.
Whether suits in Nairobi ELRC No.569 and 579 of 2019 made the matter res judicata or founded non-disclosure
The subsisting suits had been withdrawn by consent on 6th November, 2019, so no matter was pending and there was no non-disclosure or concealment by the applicants
The consent order of 6th November, 2019 recorded withdrawal of all pending suits between the parties, specifically Causes No.569 and 579 of 2019, marked fully compromised. Therefore, when the applicants moved the court on 27th November, 2019, no suit existed between the parties. The respondent's claims of non-disclosure and misrepresentation failed on this basis.
Fate of the ex parte stay orders of 11th December, 2019
The stay application was overtaken by events and there was nothing to stay; parties reverted to the Notice of Motion of 27th November, 2019
The stay orders had been granted following the respondent's averments concerning Nairobi ELRC No.569 of 2019. On the hearing date of 18th December, 2019 the applicants were absent, so by default the application and the orders of 10th December, 2019 were overtaken by events. Nothing remained to stay and the parties reverted to the substantive motion.
Legal principles established
#- The subject trade union is a necessary party in judicial review proceedings challenging the failure of its general secretary to convene union organs; proceedings against the officer alone cannot achieve the orders sought
- Judicial review does not examine the merits of a case but whether there was compliance with constitutional, statutory and procedural requirements
Court orders
#- 1.The judicial review proceedings herein are struck out
- 2.Each party shall bear own costs
- 3.The applicants are at liberty to file a proper application under Rule 7 of the Employment and Labour Relations Court (Procedure) Rules, 2016 where appropriate
- Jurisdiction invoked
- Judicial review jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Ndung’u Mutua Muna & 9 others v Secretary General, Kenya National Union of Teachers (KNUT),Wilson Sossion [2020] KEELRC 1404 (KLR)", Case Analysis (2020). Judicial Review proceedings, Employment and Labour Relations Court at Nakuru (applications dated 10th December, 2019 and 16th December, 2019; underlying Notice of Motion dated 27th November, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1404/eng@2020-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.