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ELRCDismissedCause No. 755 of 2019· [2021] KEELRC 1218 (KLR)

Kenya National Union of Teachers v Mercy Njeri Macharia & another; Kenya Union of Post Primary Education Teachers (Kuppet) (Intended Interested Party) [2021] KEELRC 1218 (KLR)

Employment and Labour Relations Court
16 July 2021
MOMaureen Onyango
2,925 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 and Labour Relations Court refused to let KUPPET join a union dispute, ruling that being a stakeholder alone does not earn a place in a case.

What this practically means

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Executive summary

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This ruling by the Employment and Labour Relations Court at Nairobi (Maureen Onyango J) determines a Notice of Motion dated 14th November 2019 by the Kenya Union of Post Primary Education Teachers (KUPPET), the Intended Interested Party, seeking leave to be joined in a suit by the Kenya National Union of Teachers (KNUT) against Mercy Njeri Macharia and the Teachers Service Commission concerning a Recognition Agreement dated 15th May 1968. KUPPET, through its Secretary General Akelo Misori, argued it represents over 185,000 post-primary teachers, including KNUT members who risk being left without union representation if the recognition agreement is terminated, and relied on Order 1 Rule 10(2) of the Civil Procedure Rules and Article 41 of the Constitution. The Claimant (KNUT) opposed, contending KUPPET lacked locus standi under section 54 of the Labour Relations Act and had shown no evidence of simple-majority representation. The Respondents opposed on grounds that KUPPET was not privy to the recognition agreement, had not set out its intended case, and would suffer no prejudice. The court framed a single issue: whether KUPPET had justified its joinder as an interested party. Applying the Muruatetu criteria and Order 1 Rule 10(2), the court held that being a stakeholder is not a justification for joinder, that KUPPET was not party to the recognition agreement, and that it had demonstrated no identifiable stake, prejudice from non-joinder, or value to the proceedings. The application was dismissed with costs on 16th July 2021.

Key legal issues

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Whether KUPPET met the threshold for joinder as an interested party

Holding

The application failed; KUPPET demonstrated neither a stake in the proceedings, prejudice from non-joinder, nor value its submissions would add

Reasoning

The court applied Order 1 Rule 10(2) of the Civil Procedure Rules and the Muruatetu criteria for interested-party joinder. KUPPET was not a party to the 15th May 1968 Recognition Agreement, the subject matter of the claim. It did not show evidence it would add to the record, nor how any party would be prejudiced by its absence. Being a 'stakeholder' or 'ambassador' of post-primary teachers fell short of the required identifiable, proximate personal interest.

p. 4

Legal principles established

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  • Joinder as an interested party is not a right; the applicant must demonstrate an identifiable and proximate personal interest or stake, prejudice from non-joinder, and a clear outline of its intended case
  • Merely being a stakeholder does not justify joinder; the applicant must show how its presence will assist the court effectually and completely adjudicate on the issues

Court orders

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  1. 1.Application by the Intended Interested Party for joinder dismissed
  2. 2.Costs of the application awarded to the Claimant and Respondents
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (Cause No. 755 of 2019)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya National Union of Teachers v Mercy Njeri Macharia & another; Kenya Union of Post Primary Education Teachers (Kuppet) (Intended Interested Party) [2021] KEELRC 1218 (KLR)", Case Analysis (2021). Cause No. 755 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1218/eng@2021-07-16

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