Kenya Engineering Workers Union v Rift Valley Engneering Limited (Cause E011 of 2020) [2022] KEELRC 4103 (KLR)
The bottom line
#A Kenyan employment claim collapsed entirely because the company was sued under the wrong registered name, showing why verifying names matters.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent was a proper party to the cause
The claim and counter-claim were struck out because the entity named in the pleadings (Rift Valley Engineering Ltd) was not the legally registered entity; the entity that entered appearance under protest was not a party.
The respondent filed a certificate of incorporation showing its registered name is Rift Valley Engineering Works Limited. Section 83 of the Evidence Act makes such a certificate conclusive evidence of the company's name. The claimant never responded, disputed the certificate, or sought to amend the pleadings. Since the named respondent was not a legal entity party, there was no proper suit; the cause could not be salvaged under order 1 rule 9 of the Civil Procedure Rules as pleadings had closed. The counter-claim, being a suit of itself, also fell.
Whether the cause was res judicata
Not res judicata - no evidence that Nakuru ELRC No 61 of 2018 was heard and determined on merit.
The respondent produced only pleadings, a certificate of costs and warrants of attachment, not the proceedings or judgment in the earlier cause. Section 7 of the Civil Procedure Act requires that the former suit was between the same parties and the issues conclusively heard and determined on merit. No judgment and decree were availed. The court noted, hypothetically, that had the respondent been a proper party, the claim still would not have been res judicata.
Whether a trade union may file and prosecute a claim for its members, and whether its officials may act as advocates
A union may file a representative suit in its own name for its members, but its officers/officials, unless qualified advocates, cannot exercise advocates' rights and privileges or appear for a litigant in a cause where the union is not a party.
Section 22 of the Employment and Labour Relations Court Act and section 2 of the Labour Relations Act permit unions to represent members, and Modern Soap Factory confirmed representative suits. However, section 22 does not elevate union officials to advocate status; the Advocates Act reserves legal practice to qualified advocates. An official may appear only for the union as party, as a recognised agent under order 9 of the Civil Procedure Rules, and cannot lead witnesses like an advocate. Objections to such representation are best raised at hearing.
Whether non-payment of costs in a prior cause bars a party's audience
Ground failed - no nexus and no authority supporting denial of audience for unpaid costs in a different matter.
The respondent argued the union should have no audience because it had not paid costs of Kshs 149,010 awarded in Nakuru ELRC No 61 of 2018. The court found no law or binding precedent supporting the position; the respondent's remedy is to pursue the costs through available legal avenues. The ground was unsubstantiated and unsupported and had to fail, particularly as the respondent was found not to be a properly joined party.
Legal principles established
#- A trade union has locus standi to institute claims in its own name for and on behalf of its members, with or without a recognition agreement.
- An officer or official of a trade union, unless a duly qualified advocate, cannot enjoy the rights and privileges of an advocate or prosecute a case on behalf of a litigant; they may appear only for the union which is itself a party.
- A certificate of incorporation is conclusive evidence of the registered name of a company.
Court orders
#- 1.The claim is struck out for being improperly before the court as the respondent named in the pleadings is not a legal party
- 2.The counter-claim is struck out for being improperly before the court
- 3.Each party shall bear own costs of the cause
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 22; Employment and Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Rift Valley Engneering Limited (Cause E011 of 2020) [2022] KEELRC 4103 (KLR)", Case Analysis (2022). ELRC Cause (Nakuru) - memorandum of claim dated October 20, 2020 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4103/eng@2022-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.