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ELRCDismissedELRC at Mombasa (consolidated with ELRC No. 924 of 2017)· [2024] KEELRC 1195 (KLR)
Kenya Hotels & Allied Workers Union v Sun Africa Hotels Limited & another; Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA Workers) (Interested Party) (Cause 88 of 2023) [2024] KEELRC 1195 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The 1st respondent, Sun Africa Hotels Limited, filed a Notice of Preliminary Objection dated 19 April 2024 in a consolidated employment dispute (with ELRC No. 924 of 2017), challenging the representation of the interested party, KUDHEiHA Workers, by its officer Hezron Onwonga rather than by an advocate. It sought a declaration that all pleadings, processes and documents filed by union officers were irregular, their expungement from the record, and the striking out or dismissal of the consolidated suit with costs. The interested party opposed through a Replying Affidavit showing that Onwonga had been appointed in writing by the General Secretary under Section 2(e) of the Labour Relations Act, 2007, with a letter of authority dated 29 January 2024. The court framed a single issue: whether the interested party was properly represented. It held that ELRC proceedings are governed by a distinct procedural regime under which Section 22 of the ELRC Act, 2011 permits a trade union to represent its members' interests, and Section 2(e) of the LRA allows the General Secretary to appoint a person in writing to represent the union. The letter of authority was on record and unanswered. The court also criticised the timing of the objection, raised on the eve of the hearing, and found the authorities relied on distinguishable. The objection was dismissed with costs of Ksh.10,000 to the interested party and Ksh.5,000 to the claimant, and a hearing date for the main suit was to be issued.
Key legal issues
#01
Whether the interested party is properly represented by a union officer
Holding
Yes - the officer was appointed in writing by the General Secretary under Section 2(e) of the LRA, and the representation is lawful and valid.
Reasoning
The court held that ELRC proceedings are governed by a different procedural regime; Section 22 of the ELRC Act allows a trade union to represent its members' interests. Section 2(e) of the LRA permits the General Secretary to appoint a person in writing to represent the union. The officer, Hezron Onwonga, filed a letter of authority dated 29 January 2024 which the 1st respondent did not address. The objections were also raised late and had no basis in law or fact.
p. 3
Legal principles established
#- Under Section 22 of the ELRC Act, 2011 a trade union is allowed to attend and represent the interests of its members, and a union official enjoys special standing before the ELRC.
- Under Section 2(e) of the LRA, the General Secretary may appoint any person in writing to represent the union in court.
- Preliminary objections should be pure points of law raised at the earliest opportunity, not on the eve of hearing.
Court orders
#- 1.The 1st respondent's Notice of Preliminary Objections dated 19 April 2024 is dismissed.
- 2.The 1st respondent to meet costs due to the interested party at Ksh.10,000 and Ksh.5,000 to the claimant.
- 3.A hearing date for the main suit shall be issued.
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2011, Section 22; Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels & Allied Workers Union v Sun Africa Hotels Limited & another; Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA Workers) (Interested Party) (Cause 88 of 2023) [2024] KEELRC 1195 (KLR)", Case Analysis (2024). ELRC at Mombasa (consolidated with ELRC No. 924 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1195/eng@2024-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.