Michael Ndungu Mutua Muna v Kenya National Union of Teachers [2021] KEELRC 2079 (KLR)
The bottom line
#A Kenyan court refused to block KNUT's suspension of an official, ruling he must first complete the union's internal disciplinary process before turning to court.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established grounds for a temporary injunction under Giella v Cassman Brown
The applicant failed to establish a prima facie case with probability of success or that the balance of convenience lay in his favour; the application was not merited
The court found that the suspension was effected by the National Office in the applicant's capacity as an NEC member under Articles 14(5) and X(A)7 of the union constitution, not by the branch, so the branch-based constitutional provisions he relied on did not apply. The applicant also did not deny the grounds for suspension, and instead of responding to the suspension letter he whipped up branch support to defy the disciplinary committee. The court held such rebellion cannot be sanctioned by a court whose role is to bring order.
Whether the suit was premature because the internal disciplinary process had not been exhausted
The suit was premature; the disciplinary process had commenced but had stalled due to the pendency of the suit and other suits by similarly suspended Executive Secretaries
Minutes of the respondent's Sub-Committee on Discipline held on 25th August 2020 showed the suspension of Executive Secretaries was on the agenda and the claimant's case was noted as pending because he had gone to court. The suspension letter itself indicated the applicant would face the Annual Delegates Conference. Relying on Rose W. Kiragu v Teachers Service Commission and Corporal Thomas Othoo, the court declined to interfere with the ongoing internal disciplinary process mid-course.
Whether the suspension procedure under the union constitution was violated
The court found the applicant had not made out a prima facie case of procedural violation, noting the suspension was by the National Office under Articles 14(5) and X(A)7 and that the applicant had not denied the grounds
The applicant argued the 13th July 2020 meeting lacked notice, agenda, quorum, resolution and voting under Articles 5(5), 9(C)7, 18(C) and 18(D). The respondent asserted the suspension followed Article IX(B) and Article IX(C)7 via a virtual steering committee meeting. The court considered that the applicant was suspended as an NEC member, not as a branch officer, rendering the branch suspension articles he invoked inapplicable, and that his grounds for suspension stood undenied.
Legal principles established
#- Courts should not interfere with an employer's or union's right to internally discipline an employee/member unless the process is lawful and outrightly flawed; internal disciplinary mechanisms must be exhausted before resort to the court
- The principles for grant of an interlocutory injunction are the Giella v Cassman Brown conditions: prima facie case with probability of success, irreparable harm not compensable by damages, and balance of convenience
Court orders
#- 1.The application dated 21st August 2020 is dismissed with costs
- 2.The respondent is directed to take steps to ensure all cases filed by suspended Executive Secretaries are heard together to avoid different decisions being made by different courts
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over employment and labour relations disputes (trade union membership and disciplinary dispute); judgment delivered under Article 159(2)(d) and Article 48 of the Constitution and Section 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Ndungu Mutua Muna v Kenya National Union of Teachers [2021] KEELRC 2079 (KLR)", Case Analysis (2021). Notice of motion dated 21st August 2020 (in the claim at the Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2079/eng@2021-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.