Kenya Petrolium Oil Workers Union & 8 others v Registrar of Trade Unions; Kenya Petrolium Oil Workers Union (Interested Party) [2021] KEELRC 1444 (KLR)
The bottom line
#Kenya's Employment Court refused to add union officials as interested parties because they filed a duplicate case after ignoring existing court orders.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended interested parties (elected officials of the 1st claimant union following the 6th March 2021 elections) should be enjoined as interested parties
The application for joinder was dismissed; the intended interested parties were not enjoined and the suit was directed to proceed on the merits with the two suits remaining together
The court applied the Supreme Court's criteria in Communications Commission of Kenya v Royal Media Services and the Meme v Republic tests. Although the applicants claimed a stake as duly elected officials, they admitted being served with orders in this suit on 15th March 2021 yet filed a parallel suit (Cause E255 of 2021) on 29th March 2021 as a knee-jerk reaction, without disclosing the parallel proceedings. Their offer to withdraw that suit was never actualised, so it remained alive. Allowing joinder at the eleventh hour would reward forum shopping and unclean hands.
Whether the parallel proceedings in Cause E255 of 2021 amounted to an abuse of court process
The court found the parallel suit was filed in disregard of the orders in this suit and constituted forum shopping
The 2nd claimant submitted that the intended interested parties filed ELRC Cause No. E255 of 2021 before a different court without disclosing this suit, resulting in multiplicity of suits. The intended interested parties conceded they were aware of this suit when filing. The court held that coming in at the eleventh hour, seeking to stay proceedings and circumvent orders already served, amounted to rushing practice and forum shopping by parties with unclean hands. The offer to withdraw the parallel suit was not actualised, so it remained alive.
Whether George Okoth had authority to swear the supporting affidavit on behalf of all the intended interested parties
The claimants alleged the authority was obtained fraudulently and that some intended interested parties disowned the signatures; this weighed against the joinder
The 2nd claimant's replying affidavit averred that George Okoth had no authority to sue on behalf of the other intended interested parties, supported by affidavits of Charles Toye and James Maengwe disowning the alleged authority. Counsel submitted the signatures were fraudulently placed. The court did not make a definitive finding on this issue but the fraud allegations formed part of the context in which joinder was refused, alongside the abuse-of-process findings.
Legal principles established
#- An interested party is one who has a stake in the proceedings and will be affected by the decision of the court when made either way
- Joinder of a party is proper where it results in complete settlement of all questions, protects the rights of a party otherwise adversely affected, or prevents proliferated litigation
- A party who engages in forum shopping with unclean hands cannot be rewarded with joinder
Court orders
#- 1.The suits (Cause E210 of 2021 and Cause E255 of 2021) shall remain together
- 2.There shall be no joinder of the intended interested parties in this suit
- 3.The instant suit shall proceed on the merits
- 4.Costs shall follow the outcome of the main suit
- 5.The application dated 15th March, 2021 is dismissed
- Jurisdiction invoked
- Article 162(2) of the Constitution (ELRC jurisdiction over labour and employment relations; the reference court is not expressly invoked in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petrolium Oil Workers Union & 8 others v Registrar of Trade Unions; Kenya Petrolium Oil Workers Union (Interested Party) [2021] KEELRC 1444 (KLR)", Case Analysis (2021). Cause E210 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1444/eng@2021-04-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.