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ELRCDismissedELRCC Cause — application dated 28th August 2023 (stay of proceedings pending ELRCC No. 267 of 2017)· [2024] KEELRC 341 (KLR)

Kenya Union of Commercial Food and Allied Workers v London Distillers (K) Limited (Cause 914 of 2018) [2024] KEELRC 341 (KLR)

Employment and Labour Relations Court
21 February 2024
DMD. K. Njagi Marete
553 words in judgment
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The bottom line

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A Kenyan court refused to pause an employment dispute because London Distillers failed to clearly identify which collective bargaining agreement it was challenging.

What this practically means

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Executive summary

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The Respondent/Applicant, London Distillers Limited, moved the court by a Notice of Motion dated 28th August 2023 seeking a stay of proceedings pending the hearing and determination of ELRC Cause No. 267 of 2017, in which it challenges a Collective Bargaining Agreement dated 14th July 2017 as irregular, fraudulent and illegal, and therefore null and void. The applicant contended that the pending claim was premised on clauses 6 and 22 of that CBA and that a stay was necessary in the interest of justice and in furtherance of the court's overriding objective of ensuring just, expeditious and efficient resolution of disputes. The Union opposed, arguing that the applicant had not made clear which CBA it was impugning: the applicant had not produced the registration certificate RCA No. 267 of 2017, and in any event, a CBA effective 1st May 2013 remained duly registered, so setting aside the CBA effective 1st May 2015 would leave no vacuum. The court found that the applicant did not come out clearly as to which particular CBA it had an issue with, rendering the application futile, and that the applicant had not ably controverted the Union's case and submissions. Justice D. K. Njagi Marete dismissed the application with an order that each party bear their own costs. Judgment was delivered, dated and signed on 21st February 2024.

Key legal issues

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01

Whether proceedings should be stayed pending determination of another suit challenging the legality of the CBA

Holding

The application was dismissed for lack of clarity and want of merit

Reasoning

The applicant sought a stay on the basis that the claim was premised on clauses 6 and 22 of a CBA whose negotiation, execution and registration it alleged was irregular, fraudulent and illegal. The court found the applicant unclear as to which particular CBA it was impugning — it did not produce the registration certificate RCA No. 267 of 2017, and the Union pointed out that even if the CBA effective 1st May 2015 were set aside, a CBA effective 1st May 2013 remained registered, so there would be no vacuum. The applicant failed to controvert this, and the application failed.

p. 2

Legal principles established

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  • An applicant for a stay of proceedings must come out clearly on the matter impugned and must ably controvert the responding party's case, failing which the application will fail

Court orders

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  1. 1.The application dated 28th August 2023 is dismissed
  2. 2.Each party to bear their own costs of the application

Authorities

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Cases cited (1)

  • London Distillers Limited v Kenya Union of Commercial Food & Allied Workers Union
    ELRC No. 267 of 2017
Jurisdiction invoked
Inherent jurisdiction of the Employment and Labour Relations Court to stay proceedings in the interest of justice and the overriding objective

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 Commercial Food and Allied Workers v London Distillers (K) Limited (Cause 914 of 2018) [2024] KEELRC 341 (KLR)", Case Analysis (2024). ELRCC Cause — application dated 28th August 2023 (stay of proceedings pending ELRCC No. 267 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/341/eng@2024-02-21

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