Christine Songa v Kenya County Government Workers’ Union & another; Matilda Jebet Kimeto (Interested Party) [2021] KEELRC 1808 (KLR)
The bottom line
#A Kenyan court froze a union's election results because the election defied existing court orders, warning that ignoring court rulings amounts to contempt.
What this practically means
#Executive summary
#Key legal issues
#Whether an interlocutory injunction should issue staying the union elections of 5/2/2021
Yes; the application has merit and is allowed
The demarcation dispute between NUWASE and KCGWU had been conclusively determined by the ELRC and Court of Appeal; KCGWU lacked capacity to represent Water Sector employees. Despite this, it conducted branch elections at Nairobi Water with the assistance of the Registrar. Registering the elected officials would be contemptuous of lawful orders, breach the rule of law and prejudice the applicant irreparably.
Whether the 1st respondent's conduct amounted to defiance of court orders
Yes; KCGWU took an erroneous and contemptuous view that the ruling in CBA No. 34 of 2020 had no impact on its elections and that the Court could not enforce it
The ruling of Maureen Onyango, J. confirmed by the Court of Appeal directed KCGWU to expunge Water Sector employees from its register and constitution. The orders had not been set aside or stayed. Proceeding with elections for branch officials of Nairobi Water in that constituency was willful defiance, and the Registrar's facilitation compounded the contempt.
Whether the applicant's delay (laches) defeats the application
No; delay does not justify contemptuous conduct
The Registrar relied on the Songok case criticising late filing. The Court accepted the applicant ought to have moved earlier but held that delay does not excuse the 1st respondent from complying with lawful orders directing it to refrain from representing the Water Sector cadre.
Legal principles established
#- A party cannot conduct elections or other acts in open defiance of lawful court orders that have not been set aside or stayed; such conduct is contemptuous.
- Interlocutory injunctions are governed by the Giella v Cassman Brown principles: prima facie case, irreparable harm not compensable in damages, and balance of convenience.
- Where registration of officials elected in contemptuous circumstances would prejudice the applicant in a manner not remediable by damages, an interlocutory injunction should issue to protect the rule of law.
Court orders
#- 1.An interlocutory injunction is issued staying the decisions, proceedings and resolutions made pursuant to the Union elections conducted on 5th February, 2021 with respect to the 1st respondent and the Employees of Nairobi City Water and Sewerage Company Limited pending the hearing and determination of this suit
- 2.The main suit to be fixed for hearing on a priority basis and to be concluded within the shortest time possible
- 3.Costs in the Cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union disputes (Labour Relations Act; Constitution Article 162(2))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christine Songa v Kenya County Government Workers’ Union & another; Matilda Jebet Kimeto (Interested Party) [2021] KEELRC 1808 (KLR)", Case Analysis (2021). Cause No. E095 of 2021 (Consolidated with Cause No. E083 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1808/eng@2021-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.