Kenya Hotels and Allied Workers Union & 22 others v Kentmere (1986) Limited t/a The Kentmere Club (Cause 1588 of 2015) [2022] KEELRC 1092 (KLR)
The bottom line
#The Employment and Labour Relations Court blocked former hotel workers from joining a concluded union case, ruling a union controls who represents it and beneficiaries can't hijack settled awards.
What this practically means
#Executive summary
#Key legal issues
#Whether advocates may come on record for non-parties (grievants) after judgment
Leave refused; grievants are beneficiaries of the judgment, not parties, and the Union's board passed no resolution engaging the firm
The court held that only the claimant union, as party, can engage counsel, and that a claimant cannot be compelled to engage counsel without its consent. Since judgment had been entered by adoption of the mediation settlement on 15th November 2021, no change of advocates could be effected without a court order, and none was justified.
Whether the grievants should be joined as parties
Joinder refused; not necessary for effective and complete adjudication as only disbursement of the decretal sum remains
Applying Order 1 Rule 10(2), the court found the applicants had not shown joinder was necessary. Judgment had been entered for the union for the benefit of the grievants; the only remaining step was release of the decretal sum, and the applicants had not shown the union could not distribute it, nor proved allegations of non-payment.
Authorization to swear affidavits and act for others
Claimant argued an assertion of authority in an affidavit is insufficient, citing Abdulla Abshir; the court did not adopt this as decisive
The Claimant contended that the letter of authority referred to by Francis Muthondu was irregular under Order 1 Rule 13, relying on the Abdulla Abshir authority that written, filed authority is required. The court's dismissal rested instead on the joinder and representation grounds.
Legal principles established
#- A claimant cannot be compelled to engage counsel without its consent, and counsel cannot come on record for a non-party
- Joinder under Order 1 Rule 10(2) requires demonstration that the proposed party's presence is necessary for complete adjudication; it is not available where proceedings are concluded
- Allegations of non-payment of monies require substantive proof, not merely a letter from an advocate
Court orders
#- 1.The application dated 18th November 2021 is dismissed
- 2.Costs of the application awarded to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a labour dispute referred under Section 62 of the Labour Relations Act after failed conciliation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels and Allied Workers Union & 22 others v Kentmere (1986) Limited t/a The Kentmere Club (Cause 1588 of 2015) [2022] KEELRC 1092 (KLR)", Case Analysis (2022). Employment and Labour Relations Court Claim (application dated 18th November 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1092/eng@2022-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.