Agnes Wangeci Manderu & 5 others v Seth Panyako General Secretary KNUN & another [2021] KEELRC 2334 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court refused to lift restrictions on nurses' union bank accounts because the union had defied a court order by expelling officials.
What this practically means
#Executive summary
#Key legal issues
#Whether the SNGC expulsion of 23rd October, 2020 justified setting aside the orders of 27th October, 2020
No - the expulsion was unlawful and in breach of the Court's order of 27th October, 2020 which prohibited expulsion pending the Registrar's inquiry
The Court found that its ruling of 27th October, 2020 had set aside the disciplinary process and prohibited expulsion of officials pending inquiry by the Registrar of Trade Unions. The SNGC meeting of 23rd October, 2020 purported to expel the 1st Petitioner and other officials contrary to that order. The Court held the SNGC members were conflicted and the expulsion could not be an objective conclusion, so the 'new material' did not justify variation of the orders.
Whether the Registrar of Trade Unions' role as mandatory signatory should be lifted
No - the requirement rests on the Registrar's statutory duties under sections 44 and 46 of the Labour Relations Act to protect union funds
The Court explained it invoked sections 44 and 46 of the Labour Relations Act to protect members' contributions from misuse, given that the wrangles centered on the use of union finances. The order could only be varied upon the respondent's compliance and the filing of the Registrar's report assuring that union funds are being used as authorized by the Union's constitution.
Disposal of the application in light of the lapsed term of office
Application dismissed with costs; the Court noted the officials' term has lapsed and elections were due 26th February, 2021
Although the Court found the expulsion unlawful and in breach of its order, it noted that the term of the current officials had lapsed and new officials may have been elected, making the practical effect of further orders limited. The Court expressed hope that elections held would produce a team focused on members' rights rather than wrangles.
Legal principles established
#- A party who acts in breach of a court order cannot come to court for relief founded on that breach
- Authorization of union expenditure outside defined parameters by the Registrar of Trade Unions is a statutory duty under sections 44 and 46 of the Labour Relations Act
Court orders
#- 1.The 2nd Respondent's Notice of Motion dated 29th October, 2020 is dismissed
- 2.Costs of the application awarded against the respondents
- 3.The orders of 27th October, 2020 restricting the Union's accounts and requiring the 1st Petitioner as signatory and the Registrar of Trade Unions as mandatory signatory remain in force until compliance and the Registrar's report is filed
- Jurisdiction invoked
- Employment and Labour Relations Court, Labour Relations Act (review of interim orders in a trade union dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agnes Wangeci Manderu & 5 others v Seth Panyako General Secretary KNUN & another [2021] KEELRC 2334 (KLR)", Case Analysis (2021). Petition (Notice of Motion dated 29th October, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2334/eng@2021-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.