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ELRCDismissedCause No 2 of 2023· [2023] KEELRC 2990 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Kisii University Council (Cause 2 of 2023) [2023] KEELRC 2990 (KLR)

Employment and Labour Relations Court
22 November 2023
RSRadido Stephen
759 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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The Employment and Labour Relations Court refused to pause a redundancy dispute against Kisii University, ruling the related contempt appeal was separate and shouldn't delay the main case.

What this practically means

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Executive summary

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The Union sued Kisii University Council on 28 October 2020 alleging unlawful redundancy of some 226 of its members and obtained interim stay orders on the redundancy notices dated 1 October 2020. After allegations that the Respondent ignored the orders, the Union filed contempt applications, and on 16 November 2021 the Court in Nakuru found the Vice-Chancellor in contempt. The Respondent filed a Notice of Appeal, and on 19 May 2022 the Court stayed the sentencing of the Vice-Chancellor pending the appeal. After the Cause was transferred to the Court sitting at Migori, the Respondent moved on 27 September 2023 for a stay of further proceedings pending determination of Nakuru Civil Appeal No. E114 of 2021, arguing that the appeal's outcome would leave nothing for the Court to decide and that no prejudice would be suffered by the Union. The Union opposed, contending the appeal concerned only the contempt finding and not the main cause. The Court held that a stay of proceedings is discretionary, that the appeal raises only the narrow question of whether court orders were in place and wilfully disobeyed, and that resolving that question need not handicap adjudication of the primary dispute on the lawfulness of the redundancies. Noting the Employment and Labour Relations Court Act's demand for expeditious and proportionate determination and that the matter had been pending nearly three years, the Court found the contempt appeal severable from the main dispute, declined the stay, and dismissed the application with costs in the cause.

Key legal issues

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Whether proceedings in the main cause should be stayed pending the determination of the appeal against the contempt ruling

Holding

The application for stay was dismissed because the appeal concerns only the narrow contempt question, which is severable from the principal redundancy dispute.

Reasoning

The Court distinguished between the appeal, which concerns whether court orders existed and were wilfully disobeyed, and the main cause, which concerns whether the redundancies of 226 union members complied with section 40 of the Employment Act and the CBA. Given the expeditious-disposal mandate under the Employment and Labour Relations Court Act and nearly three years of delay, the Court found no basis to halt the primary dispute, holding the contempt appeal severable from it.

p. 3

Legal principles established

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  • A stay of proceedings is a discretionary remedy.
  • An appeal on a contempt finding does not automatically warrant staying the underlying main cause where the issues are severable.

Court orders

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  1. 1.The Court declines to issue an order staying the proceedings herein
  2. 2.The application filed on 27 September 2023 is dismissed with costs in the cause

Authorities

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Legislation

  • Employment Actsection 40
  • Employment and Labour Relations Court Act
Jurisdiction invoked
Employment and Labour Relations Court Act

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, "Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Kisii University Council (Cause 2 of 2023) [2023] KEELRC 2990 (KLR)", Case Analysis (2023). Cause No 2 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2990/eng@2023-11-22

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