Kenya Union of Domestic Workers, Hotels Educational Institutions, Hospital and Allied Workers (Kudheiha) v Cabinet Secretary, Ministry of Science and Technology & 2 others [2022] KEELRC 250 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out KUDHEIHA's CBA claim because the same issues had already been decided in a 2009 case between the same parties.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is res judicata
Yes; the issues raised were fully ventilated and determined in Industrial Court Cause No 26 of 2009 between the same parties, satisfying Section 7 of the Civil Procedure Act
The court applied the five conjunctive elements of res judicata under Section 7 of the Civil Procedure Act as summarised in Invesco Assurance. It examined Cause No 26 of 2009 and found the same issues had been fully ventilated and determined between the same parties. The claim therefore offended the doctrine and had to be struck out.
Whether the Respondents were obliged to negotiate, conclude and sign a CBA and review the 1986 CBA
Not determined on the merits; the claim was struck out as res judicata before reaching the substantive question
The Respondents had argued that the 1986 CBA lapsed following Legal Notices No 262 and 263 of 26th August 1993, which altered the employment relationship and transferred responsibility for non-teaching staff to Boards of Governors. The court did not resolve this substantive dispute because the res judicata bar disposed of the claim.
Legal principles established
#- For the bar of res judicata to apply, the party raising it must satisfy the five essential elements in Section 7 of the Civil Procedure Act, stipulated in conjunctive terms
- Where a claim is res judicata, the proper course is to strike it out
Court orders
#- 1.The Claimant's claim is struck out
- 2.Each party will bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act and Labour Relations Act (specific section not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Workers, Hotels Educational Institutions, Hospital and Allied Workers (Kudheiha) v Cabinet Secretary, Ministry of Science and Technology & 2 others [2022] KEELRC 250 (KLR)", Case Analysis (2022). Employment and Labour Relations Court Claim (Memorandum of Claim dated 5th November 2020, filed 17th November 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/250/eng@2022-03-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.