Kenya Union of Water and Sewerage Employees v Kenya County Government Workers Union & 2 others; Matilda Jebet Kimeto (Interested Party) [2022] KEELRC 1054 (KLR)
The bottom line
#A Kenyan employment court dismissed a union's bid to suspend leadership election outcomes because a final judgment had already authorised the disputed delegate arrangements, and ordered an expedited full hearing instead.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to interlocutory suspension of union register changes and election resolutions
The application was dismissed because a final judgment of the same date (29th April 2021) had authorized the inclusion of Water and Sewerage employees, and interim orders would contradict that judgment
The Court noted that on 29th April 2021 Nduma Nderi, J. issued interim injunctions in consolidated causes E095 and E083 of 2021 staying resolutions of the 5th February 2021 elections, yet on the same day Monica Mbaru, J. delivered a final judgment in Petition 046 of 2021 allowing inclusion of Water and Sewerage members as national delegates. In the face of that final judgment, the Court found no basis at the interim stage to grant the suspension orders sought, and instead reiterated priority hearing directions.
Material non-disclosure and conflicting orders of courts of equal jurisdiction
The Court found material non-disclosure of the pending judgment in Petition 046 of 2021, with reciprocal non-disclosure, pitting two courts of equal jurisdiction against each other
The Court observed that important facts concerning a judgment pending on the same subject matter in Petition 046 of 2021 were not disclosed when the interim orders were sought, and that the non-disclosure appeared mutual, occurring also before Nduma J. regarding the ruling to be delivered. The Court deprecated this conduct as setting two courts of equal jurisdiction on a collision course and preferred a full hearing on the merits.
Prior determinations on which union may represent water sector employees
The question of the proper union for Nairobi Water and Sewerage Company employees had already been determined by the Industrial Court and affirmed by the Court of Appeal, as recognized by Maureen Onyango, J.
The Court recalled the ruling in CBA No. 34 of 2020 in which Maureen Onyango, J. held that KCGWU lacked legal capacity to represent employees of Nairobi Water and Sewerage Company and had to expunge water sector employees from its membership clause, respecting unchallenged Industrial Court and Court of Appeal determinations. However, the Court declined to convert that into the interim relief sought, directing instead an expedited hearing of the main suit.
Legal principles established
#- Where a final judgment has authorized the impugned conduct, the Court will not grant interim relief against it; the proper course is an expedited hearing of the main suit
Court orders
#- 1.The application dated 5th May, 2021 is dismissed
- 2.The directions of 29th April 2021 that the main suit be heard on a priority basis are reiterated, so that a final decision is reached upon consideration of all relevant facts
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court over interlocutory applications in pending causes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Water and Sewerage Employees v Kenya County Government Workers Union & 2 others; Matilda Jebet Kimeto (Interested Party) [2022] KEELRC 1054 (KLR)", Case Analysis (2022). Application dated 5th May, 2021 (in a suit arising from consolidated causes E095 and E083 of 2021; related Petition 046 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1054/eng@2022-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.