Stanley Kipkirui Mutai & 2 others v Christopher K. Lelgo & 5 others [2021] KEELRC 2039 (KLR)
The bottom line
#A Kenyan court threw out KNUT Kericho officials' suspensions because the meeting that removed them gave no notice and lacked quorum.
What this practically means
#Executive summary
#Key legal issues
#Whether the BEC meeting of 20th July 2020 and the resulting suspensions complied with the KNUT Constitution and natural justice
The meeting and suspensions were unprocedural, null and void; the claimants were condemned unheard and the resolutions lacked quorum
The court found no notices of the meeting were annexed or served on the claimants, meaning they were condemned unheard and natural justice was flouted. Six BEC members swore unchallenged affidavits disassociating themselves from the meeting and any voting, so any resolution fell short of the required standards for want of quorum. The 4th Respondent (vice chairman) also confirmed he received no notice. The suspension was therefore annulled and the claim allowed as prayed.
Whether the claim was premature for failure to exhaust internal dispute resolution mechanisms
The objection did not succeed; the court entertained and allowed the claim
The 1st to 3rd Respondents argued the cause was premature as internal mechanisms had not been exhausted, but the court made no finding upholding this objection and instead proceeded to determine the merits, finding the suspension unprocedural. The 4th Respondent had shown the registrar's records still indicated the claimants were bona fide officers as at 5th August 2020, undermining the respondents' position.
Whether the court lacked jurisdiction over the dispute
No; the court exercised jurisdiction and allowed the claim
The 1st to 3rd Respondents alleged the court lacked jurisdiction, but the court did not uphold this objection and proceeded to determine the disciplinary procedure question on the merits, granting declaratory and injunctive relief against the purported suspension and the registrar's registration of changes.
Legal principles established
#- Disciplinary suspension of trade union branch officials must comply with the union constitution's prescribed procedure, including notice and an opportunity to be heard, and resolutions passed without quorum or notice are null and void
Court orders
#- 1.A declaration that the purported Kericho KNUT Branch Executive meeting (BEC) held on or about 20th July 2020 and the resolutions passed thereon to suspend the Claimants and the appointments of the 1st to 3rd Respondents as acting officials were unlawful, against the Union constitution, null and void ab initio, and the same be nullified and/or quashed
- 2.A declaration that any decision of change of officials of the union made on or about 20th July 2020 by the registrar of trade unions and any extract of officials of the Kericho KNUT Branch issued as a consequence thereof is unlawful and be nullified and/or quashed
- 3.A mandatory injunction restraining the registrar of trade unions from registering any purported changes of the officials of the KNUT Kericho Branch made on or about 20th July 2020
- 4.A mandatory injunction restraining Mr Christopher K. Lelgo, Mr Paul K Bett and Mr Simion K. Serem and/or any other branch officials purportedly appointed during the purported BEC meeting of 20th July 2020 or listed in any form 'Q' generated on or about 20th July 2020 from assuming or holding office as acting officials of the KNUT Kericho Branch
- 5.The respondents to pay the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act over a trade union disciplinary dispute (Labour Relations Act No 14 of 2007 invoked by the 4th Respondent)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stanley Kipkirui Mutai & 2 others v Christopher K. Lelgo & 5 others [2021] KEELRC 2039 (KLR)", Case Analysis (2021). Cause No 19 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2039/eng@2021-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.