Alwala & 3 others v Kenya Universities Staff Union (Petition E083 of 2023) [2023] KEELRC 3223 (KLR)
The bottom line
#The Employment and Labour Relations Court dismissed a second challenge to the Kenya University Staff Union's leadership because the same issues had already been decided in an earlier case.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the petition is barred by the doctrine of res judicata having regard to ELRC No. E026 of 2021, Francis Chengoli & Another v Kenya Universities Staff Union
- 2.Whether the respondent's process of reviewing/amending its constitution violated the petitioners' rights under Articles 27 and 41 of the Constitution and was ultra vires
Key legal issues
#Whether the petition is res judicata
The petition is barred by res judicata as it raises substantially the same cause of action, parties and issues as ELRC No. E026 of 2021
The court found the instant petition concerned the same issues as the earlier petition between the same parties or persons claiming in the same right, including the validity of officials elected under the impugned constitution. Though res judicata had been found against at interlocutory stage, no new or further evidence was provided to save the petition from being barred.
Whether the respondent's constitution review process violated Articles 27 and 41
No constitutional violation was established; the amendment process is governed by the union constitution and applicable statutes
The court held that amendment of a union constitution is governed by the union's constitution and applicable statutory provisions, with disputes resolved by those means. The steps taken by the respondent after the earlier judgment were not shown to offend any constitutional provision, and the respondent's submissions were upheld.
Legal principles established
#- A petition raising the same issues as a previously determined petition between the same parties is barred by res judicata, including issues that ought to have been raised earlier
- Processes of amending a union constitution are governed by the union constitution and applicable statutory provisions, and absent proof of breach no constitutional violation arises
Court orders
#- 1.Judgment entered for the respondent against the petitioners for dismissal of the petition
- 2.Costs of the petition awarded to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union disputes and enforcement of Articles 27 and 41 of the Constitution of Kenya, 2010
Relief refused
#Declaration that Articles 27 and 41 rights were contravened by the respondent
No violation of constitutional provisions was established
Declaration that the union's 2013 constitution takes effect immediately and that current officials are illegally in office
The claim was barred by res judicata, being the same cause as the earlier petition already determined
Costs
Judgment entered for the respondent against the petitioners for dismissal of the petition with costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the petition must fail as it is substantially chained and barred by the doctrine of res judicata
Thus while at interlocutory stage the Court found against res judicata, nothing before the Court, no new or further evidence having been provided, would save the petition from being barred accordingly.
In conclusion, judgment is hereby entered for the respondent against the petitioner for dismissal of the petition with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alwala & 3 others v Kenya Universities Staff Union (Petition E083 of 2023) [2023] KEELRC 3223 (KLR)", Case Analysis (2023). Petition dated 02.05.2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3223/eng@2023-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.