Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited (Employment and Labour Relations Cause E6548 of 2020) [2024] KEELRC 170 (KLR)
The bottom line
#Kenya's Employment Court refused to pause a worker's dismissal claim just because a related case challenged the CBA it relied on.
What this practically means
#Executive summary
#Key legal issues
#Whether the existence of a related suit challenging the validity of the CBA justifies a stay of proceedings
No stay granted; the claim rests on the contract of service and terminal dues, and does not depend on the CBA clauses under challenge
The applicant argued that the claim sought to effect clauses 6 and 22 of the 2017 CBA, whose legality is in dispute in ELRC CBA No. 267 of 2017, and thus the suit should be stayed. The claimant/respondent countered that the dispute would be determined on the contract of service, and that if the 2017 CBA were nullified, terms would fall back on the CBA dated 1st May 2013, leaving no void. The court was not persuaded that any justification existed, found the claim independent of the CBA dispute, and branded the application frivolous and an abuse of process causing delay.
Legal principles established
#- A stay of proceedings will not issue where the claim before the court is not dependent on the validity of the subject matter in dispute in the other suit
Court orders
#- 1.The Notice of Motion dated 28/8/2023 seeking stay of proceedings is dismissed
- 2.Costs of the application to the claimant/respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the memorandum of claim (Employment and Labour Relations Act); judgment does not cite a specific provision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited (Employment and Labour Relations Cause E6548 of 2020) [2024] KEELRC 170 (KLR)", Case Analysis (2024). ELRC E6548 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/170/eng@2024-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.