Githinji & 131 others v Kenya Medical Research Institute & 6 others (Cause 1545 of 2018) [2023] KEELRC 2767 (KLR)
The bottom line
#The Employment Court struck out 132 KEMRI employees' allowance claim because their union had already litigated the same issue, and that judgment binds even non-union employees who pay agency fees.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
The suit is res judicata and was struck out
The allowances claimed were the subject of a final judgment in Cause No. 1315 of 2013 (UNRISK v KEMRI) directing implementation of two SRC circulars, and of a consent agreement dated 4 February 2019. The Claimants, though not union members, paid agency fees and benefited from the union's litigation, thus litigating under the same title. The court applied section 7 of the Civil Procedure Act and the Supreme Court's decisions in KCB v Muiri Coffee Estate and John Florence Maritime, and adopted Radido J's reasoning in Okiya Omutatah Okoiti v KEMRI that enforcement, not re-litigation, was the proper course.
Whether non-union members paying agency fees are bound by the union's judgment
Yes - they litigate under the same title as the union
Section 49 of the Labour Relations Act permits agency fee deductions from unionisable employees covered by a collective agreement. The court reasoned that the fee is paid for collective bargaining work whose benefits flow to all unionisable employees; non-members cannot enjoy the benefits of the union's litigation while disclaiming its burdens. All claimants' witnesses admitted paying agency fees and benefiting from the union's successful negotiations.
Nature of the res judicata doctrine
Res judicata is a doctrine of substantive law barring re-litigation of conclusively decided issues, including constitutional rights
Citing the Supreme Court in KCB v Muiri Coffee Estate and John Florence Maritime Services, the court restated that once legal rights are judicially determined, the edict stands conclusive; the doctrine applies to all categories including constitutional rights, accords a litigant only one bite at the cherry, and prevents multiplicity of suits.
Legal principles established
#- Unionisable employees who pay agency fees to a trade union with a recognition and collective bargaining agreement litigate under the same title as the union, and judgments obtained by the union bind them for res judicata purposes
- Res judicata extends to every point which properly belonged to the subject of the earlier litigation and which could with reasonable diligence have been brought forward
- The proper avenue where an earlier judgment has not been implemented is enforcement, not fresh litigation
Court orders
#- 1.The Claimants' claim is struck out as res judicata
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over employment disputes (allowances/pay discrimination claim by KEMRI employees)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Okiya Omtatah Okoiti &another; v KEMRI Board of Management, Director & 4 others; Salaries and Remuneration Commission(Interested Party) [2019] KEELRC 1946 (KLR)[2019] KEELRC 1946 (KLR)22 Mar 2019applied
Cite this brief
#Cite this brief
Caselaw, "Githinji & 131 others v Kenya Medical Research Institute & 6 others (Cause 1545 of 2018) [2023] KEELRC 2767 (KLR)", Case Analysis (2023). Cause No. 1545 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2767/eng@2023-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.