Kenya Hotels and Allied Workers Union & another v Mayfair Holdings Ltd (Imperial Hotel) [2022] KEELRC 448 (KLR)
The bottom line
#A Kenyan employment court set aside a union-negotiated settlement because the worker never received the money, allowing his claim to proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant was entitled to review of the orders of 9th December 2021 and to have the consent order set aside
The application was allowed despite absence of new evidence or error, because the non-remittance of the consent sum to the Applicant constituted sufficient reason for review; declining it would violate his right to be heard under Article 50(1) of the Constitution.
The court found no new evidence, error or mistake justifying review under Rule 33. However, the 1st Claimant had not remitted the consent sum to the Applicant, continuing to deny him the fruits of the consent. The court treated this non-remittance as 'sufficient reason' under Rule 33, and held that refusing the application would violate the Applicant's constitutional right to be heard. It therefore set aside the consent order and allowed the claim to proceed to hearing on the merits.
Legal principles established
#- Review requires discovery of new and important matter, error apparent on the face of the record, need for clarification, or other sufficient reason under Rule 33 of the ELRC Rules, 2016.
- An employee has the right to belong to a union and be represented by it, and equally the right to decline such representation.
Court orders
#- 1.Consent order entered between the 1st Claimant and the Respondent set aside
- 2.The 2nd Claimant set at liberty to process his claim for hearing and determination on the merits
- 3.The 2nd Claimant allowed leave to amend his Claim before the same is fixed for hearing
- 4.Costs of the application to abide the cause
- Jurisdiction invoked
- Rule 33 of the Employment and Labour Relations Court Rules, 2016 (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels and Allied Workers Union & another v Mayfair Holdings Ltd (Imperial Hotel) [2022] KEELRC 448 (KLR)", Case Analysis (2022). Notice of Motion dated 21st December, 2021 (ELRC at Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/448/eng@2022-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.