Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedPetition dated July 4, 2020 (ELRC, Nairobi)· [2023] KEELRC 926 (KLR)

Nundu & another v Kenya County Government Workers Union (Nairobi Branch) & 4 others (Petition E110 of 2022) [2023] KEELRC 926 (KLR)

Employment and Labour Relations Court
13 April 2023
MNMathews N. Nduma
1,436 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

The Employment Court dismissed a petition challenging a county workers' strike, ruling the petitioners had no real stake and the case was moot.

What this practically means

#

Executive summary

#
The petitioners, describing themselves as persons working for gain in Kibera and suing purportedly on behalf of women, children and residents of Nairobi County under article 22 of the Constitution, sought a declaration that a strike notice dated June 22, 2022 issued by the 1st and 2nd respondents was illegal, null and void, and permanent injunctions restraining the intended strike set for July 4, 2022. They alleged the notice breached section 79 of the Labour Relations Act and threatened their economic and social rights under article 43. Interim orders suspending the strike had been issued by Maureen Onyango, J on July 5, 2022. The 1st and 2nd respondents invoked article 41(1)(d) and sections 46 and 76 of the Employment Act and Labour Relations Act respectively, and urged that the suit was overtaken by events, citing the maxim that equity does nothing in vain. The 3rd, 4th and 5th respondents supported the petition, alleging non-compliance with sections 62, 76 and 78 of the Labour Relations Act and noting the CBA had been implemented with a general wage increase. The court framed two issues: whether a cause of action was established, and whether the suit was moot. It found the petitioners strangers to the CBA, unsuited to sue in apparent collusion with the 3rd, 4th and 5th respondents, and failing the Annarita Karimi Njeru precision test. The strike date having long passed, the suit was overtaken by events. The petition was dismissed with no order as to costs.

Key legal issues

#
01

Whether the petitioners had standing and disclosed a cause of action

Holding

Petitioners were strangers to the CBA and failed to disclose how their rights were threatened or violated; no cause of action disclosed

Reasoning

The petitioners were not members of the unions nor officials of the 3rd respondent, were not privy to the CBA, and did not disclose the source of their information. They also failed the Annarita Karimi Njeru precision test for constitutional petitions. The court found apparent collusion with the 3rd, 4th and 5th respondents.

p. 3
02

Whether the suit was moot

Holding

The suit was overtaken by events and therefore moot

Reasoning

The strike was to commence on July 4, 2022, a date long past by the time of judgment, and a new County Government of Nairobi was in place. Granting the orders sought would be futile, consistent with the maxim that equity will do nothing in vain relied on by the respondents.

p. 4

Legal principles established

#
  • Constitutional violations must be pleaded with a reasonable degree of precision, with the article of the Constitution enumerated and the violation particularised
  • A strike is a constitutional right under article 41 of the Constitution, regulated by law and collective bargaining agreements

Court orders

#
  1. 1.The petition is dismissed with no order as to costs

Authorities

#

Legislation

  • Constitution of Kenya, 2010Articles 22, 27, 41(1)(d), 43
  • Labour Relations ActSections 62, 76, 78, 79
  • Employment Act, 2007Section 46

Cases cited (2)

  • Kalya Soi Farm Cooperative Society v Paul Kirui and another
    [2003] eKLR
  • Annarita Karimi Njeru case
Jurisdiction invoked
Article 22 of the Constitution (enforcement of Bill of Rights)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nundu & another v Kenya County Government Workers Union (Nairobi Branch) & 4 others (Petition E110 of 2022) [2023] KEELRC 926 (KLR)", Case Analysis (2023). Petition dated July 4, 2020 (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/926/eng@2023-04-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.