Bonuves Kemei Tenai V Wilson K. Kemboi (Acting Execute Secretary Knut Nandi East Branch & 2 others [2021] KEELRC 2319 (KLR)
The bottom line
#A Kenyan court blocked a union boss's suspension of a branch official because the union skipped its own rules and never gave him a hearing.
What this practically means
#Executive summary
#Key legal issues
#Lawfulness of the suspension of a branch official by the Secretary General through a 'special steering committee'
The suspension was prima facie unlawful: the SSC was not shown to be a constitutional organ of the Union, the BEC which is constitutionally empowered to suspend branch officials did not meet, and the Claimant was not heard
The Union's Constitution vests power to suspend branch officials in the Branch Executive Council, with an appeal to the NEC. The respondent relied on a special steering committee meeting of eight members, but exhibited no constitutive instrument establishing the SSC, its powers or quorum. Nothing showed the Claimant was called to show cause, breaching the Constitution and natural justice.
Whether the NEC could lawfully take first-instance disciplinary action against a branch official
NEC action at first instance severely constrains the branch official's constitutional right of appeal, which lies from the BGM decision to the NEC
Branch officials are elected by their branches and their removal by others disenfranchises their constituents. The Constitution provides that suspension is by the BEC with recommendation to the BGM, and appeal lies to NEC. If the NEC, the supreme organ, takes the first action, the right of appeal is rendered illusory.
Whether the claim was premature because the disciplinary process had not concluded
Rejected at this stage; the Court found a prima facie case and granted interlocutory relief
The respondent argued the suspension would be ratified by the Annual Delegates Conference and that a forum existed for challenging it. The Court, focusing on the procedure adopted, was persuaded the Claimant had demonstrated a prima facie case with probability of success and granted restraint orders pending trial.
Legal principles established
#- Voluntary associations, including trade unions, are bound by their own written constitutions and rules, and courts will intervene where there is a clear breach of them
- Disciplinary action against a branch official must be taken by the proper constitutional organ and in accordance with the rules of natural justice, including an opportunity to show cause
Court orders
#- 1.The Registrar of Trade Unions is restrained from registering the change of officials of KNUT Nandi East Branch pursuant to the decision of Hon. Wilson Sossion dated 21st July, 2020 pending hearing and determination of the suit
- 2.Wilson K. Kemboi is restrained from acting as Branch Executive Secretary following appointment by Hon. Wilson Sossion through a letter dated 21st July 2020, pending hearing and determination of the claim
- 3.Costs in the cause
- Jurisdiction invoked
- Not expressly invoked in the judgment; claim lodged in the Employment and Labour Relations Court concerning a trade union dispute
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Edna Kalunde Mutinda v Francis Kalila Mwinzi & 2 others [2021] KEELRC 1675 (KLR)[2021] KEELRC 1675 (KLR)27 May 2021followed
- Stanley Kipkirui Mutai & 2 others v Christopher K. Lelgo & 5 others [2021] KEELRC 2039 (KLR)[2021] KEELRC 2039 (KLR)4 Mar 2021
Cite this brief
#Cite this brief
Caselaw, "Bonuves Kemei Tenai V Wilson K. Kemboi (Acting Execute Secretary Knut Nandi East Branch & 2 others [2021] KEELRC 2319 (KLR)", Case Analysis (2021). Cause No 31 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2319/eng@2021-01-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.