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ELRCDismissedNot stated in the judgment· [2023] KEELRC 2866 (KLR)

Railways & Allied Workers Union (K) v Rift Valley Railways (K) Limited (Cause 949 of 2012) [2023] KEELRC 2866 (KLR)

Employment and Labour Relations Court
10 November 2023
MOM. Onyango
1,281 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to revive a redundancy claim dismissed in 2017, ruling that unexplained delay and inaction cost the workers their day in court.

What this practically means

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Executive summary

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The claimant union's suit, filed on 5th June 2012 before the Industrial Court on behalf of six grievants claiming redundancy, was dismissed for want of prosecution on 6th April 2017 after a notice to show cause. By an application dated 1st July 2020, the claimant sought reinstatement of the suit, substitution of two deceased claimants (Oduor Onyango and Justus Morara Nyarangi) by their widows who had obtained letters of administration on 3rd June 2020, and an early priority hearing. The respondent opposed, contending the application was filed over three years after dismissal with unexplained delay, that the claimant had failed to comply with pretrial directions since 2013, and that its concession agreement with Kenya Railways Corporation and the Government of Kenya was terminated on 31st July 2019, leaving it without offices, employees, documents or witnesses in Kenya. One grievant, Lawrence W. Weramondi, filed a further affidavit blaming the union's negligence and urging that the grievants not be denied a hearing. The court, M. Onyango J, sympathised with the grievants but found they never followed up on their case with the union, that two grievants died before the dismissal with no action for over three years, and invoked the maxim that equity aids the vigilant, quoting Snell's Equity via Ibrahim Mungara Mwangi v Francis Ndegwa Mwangi [2014] eKLR. Finding the delay unexplained and reinstatement futile given the abatement of suits against deceased grievants and the respondent's changed circumstances, the court dismissed the application with no orders as to costs.

Key legal issues

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01

Whether the dismissal for want of prosecution should be set aside after an inordinate and unexplained delay

Holding

The application was dismissed; the delay of over 3 years in filing the application and failure to attend the notice to show cause were not sufficiently justified.

Reasoning

The court found the claimant union left the suit unprosecuted for nearly five years, the grievants never followed up on their case, two grievants died before dismissal with no action taken for over three years, and equity does not aid the indolent. The respondent had also ceased operations in Kenya, making reinstatement futile and prejudicial.

p. 3
02

Whether reinstatement would serve any useful purpose given changed circumstances

Holding

No benefit would be achieved by reinstatement given the abatement of suits against deceased grievants and the respondent no longer carrying on business in Kenya.

Reasoning

The respondent's concession agreement with Kenya Railways Corporation and the Government of Kenya was terminated on 31st July 2019, it has no offices or employees in Kenya, and may be unable to secure documents and witnesses to defend itself.

p. 3

Legal principles established

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  • Equity aids the vigilant and not the indolent; courts refuse aid to stale demands where a party has slept on its rights
  • Negligence of a union/agent in prosecuting a claim may not be visited on grievants where it would deny them a hearing, but delay must still be explained

Court orders

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  1. 1.The application dated 1st July 2020 is dismissed
  2. 2.No orders as to costs

Authorities

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Cases cited (1)

  • Ibrahim Mungara Mwangi v Francis Ndegwa Mwangi
    [2014] eKLR
Jurisdiction invoked
Inherent powers to reinstate a suit dismissed for want of prosecution (employment and labour relations court rules); no specific provision cited

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Railways & Allied Workers Union (K) v Rift Valley Railways (K) Limited (Cause 949 of 2012) [2023] KEELRC 2866 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2866/eng@2023-11-10

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