Kenya National Union of Nurses v County Public Service Board of Nakuru & another (Employment and Labour Relations Cause E029 of 2023) [2023] KEELRC 3374 (KLR)
The bottom line
#The Employment Court in Nakuru ruled that a union's claim over nurses' employment terms was properly before it and dismissed the County Government's jurisdiction challenge.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction over the claim notwithstanding sections 89 of the Public Service Commission Act and 73 of the Labour Relations Act
The Court has jurisdiction; section 89 does not apply because the claim is not an appeal from a PSC decision, and section 73 is satisfied because conciliation was exhausted before filing
The court examined section 89 of the Public Service Commission Act and found it contemplates enforcement of PSC decisions, which is not the nature of this claim. On section 73 of the Labour Relations Act, the dispute had already gone through conciliation with a report recommending absorption of employees, so the statutory dispute-resolution precondition was met and the claim was properly before the court.
Whether the claimant union lacks locus standi
The objection fails; the union properly brought the claim on behalf of its members and the respondents gave no reason why it lacks locus
The court noted that the respondents relied on a prior ELRC Nakuru decision but did not explain why the union, which filed the claim on behalf of its nurse members, lacked standing. Without any demonstration of why a union representing its members cannot sue, the locus ground of the preliminary objection could not stand.
The propriety of the preliminary objection as a whole
The preliminary objection is dismissed as lacking merit and the main claim is to proceed
Having found that the jurisdictional and exhaustion grounds failed and that no basis was shown to deny the union standing, the court concluded the objection was without merit. It dismissed the objection and directed the main claim to proceed, with costs reserved in the cause rather than awarded to either side.
Legal principles established
#- Where a trade dispute has been subjected to and exhausted conciliation, a claim founded on it is properly before the ELRC under section 73 of the Labour Relations Act
- A union bringing a claim on behalf of its members has locus standi; a bare assertion that it lacks locus without explanation does not sustain a preliminary objection
- Section 89 of the Public Service Commission Act applies to enforcement of decisions of the Public Service Commission and has no application where the claim before the ELRC is not an appeal against such a decision
Court orders
#- 1.The preliminary objection dated 6th July 2023 is dismissed for lack of merit
- 2.The main claim to proceed
- 3.Costs in the cause
- Jurisdiction invoked
- Articles 162(2)(a) and 165(3)(b) of the Constitution (ELRC jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v County Public Service Board of Nakuru & another (Employment and Labour Relations Cause E029 of 2023) [2023] KEELRC 3374 (KLR)", Case Analysis (2023). Not stated in the judgment (ELRC, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3374/eng@2023-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.