Universities Academic Staff Union v University of Nairobi; Ouma (Interested Party) (Cause E700 of 2023) [2023] KEELRC 3368 (KLR)
The bottom line
#Kenya's Employment Court paused a university union's case because the same job-creation dispute was already pending in another court case.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is sub judice in light of ELRC Petition No E118 of 2021
The suit is sub judice because the real issue in controversy – creation of the office of Chief Operations Officer – is the same issue in the pending petition
The Court examined the pleadings and found that although the Claimant framed its case as a challenge to the Chairperson's letter of 24th July 2023 extending the Interested Party's acting tenure, the underlying question was the legality of the creation of the office of Chief Operations Officer, the very issue in Petition No E118 of 2021, which was stayed by the Court of Appeal pending Civil Appeal No E771 of 2021. The Claimant's attempt to distinguish the two matters failed, particularly as it adduced no evidence that the decision to create the position had been abandoned.
Scope of the sub judice doctrine
The entire subject matter in controversy in the subsequent suit must have been covered by the previously instituted suit, per Barclays Bank of Kenya Ltd v Elizabeth Agidza (relied on by the Claimant); the Supreme Court formulation in KNCHR v AG was relied on by the Respondent
The Court considered the competing authorities cited by the parties on the meaning and purpose of the sub judice rule. It found the Respondent's authority from the Supreme Court apt, and on application of the principle to the pleadings, concluded that the same subject matter was before the Court in the earlier petition, warranting withholding of further action rather than determination of the interlocutory application.
Legal principles established
#- The purpose of the sub judice rule is to prevent multiplicity of suits between the same parties over the same subject matter and avoid conflicting decisions by courts of competent jurisdiction
Court orders
#- 1.The Court withheld any further action on the matter pending final determination of ELRC Petition No E118 of 2021
- 2.No order for costs at this stage
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (not expressly cited in the ruling); matter previously before Dr. Gakeri J who recused himself
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union v University of Nairobi; Ouma (Interested Party) (Cause E700 of 2023) [2023] KEELRC 3368 (KLR)", Case Analysis (2023). ELRC Cause (Notice of Motion dated 29th August 2023) – suit filed with Memorandum of Claim of even date. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3368/eng@2023-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.