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ELRCOtherNot stated in judgment· [2024] KEELRC 1244 (KLR)
Kenya County Government Workers Union v County Government of Kisumu & 4 others (Cause E017 of 2024) [2024] KEELRC 1244 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A union sued Kisumu County over unpaid dues, but withdrew its case after the county raised a procedural objection—and paid the county's legal costs.
What this practically means
#Executive summary
#The Kenya County Government Workers Union sued the County Government of Kisumu on 12 March 2024, alleging the unlawful failure, neglect and refusal by the County Government to remit union dues to the Union. Simultaneously, the Union filed a Motion seeking a temporary injunction restraining the Respondents from withholding union dues deducted from members' wages pending hearing, plus costs. The Union asserted that despite a recognition agreement, the Respondents failed to remit subscriptions for various months between 2013 and 2021 without explanation, infringing members' right to fair labour practices and functioning as a weapon to constrain the Union from organising; the Respondents maintained no dues were outstanding. Upon service, the Respondents filed a Notice of Preliminary Objection on 15 April 2024 contending that the dispute had not been reported to the Cabinet Secretary as required by Section 62 of the Labour Relations Act, that the claim was prematurely filed for non-compliance with Rule 5(3) of the ELRC (Procedure) Rules 2016 requiring an affidavit explaining why conciliation had not taken place, and that the suit was incompetent, fatally defective and an abuse of process. On 25 April 2024 the Union filed a Notice of Withdrawal of the Cause; the Respondents filed submissions on 26 April 2024, apparently unaware of it. On 15 May 2024 the court, per Radido Stephen J, granted leave to withdraw the Cause but, because the withdrawal came only after the Preliminary Objection, awarded the costs of the Motion to the Respondents. The underlying dispute was not determined on the merits.
Key legal issues
#01
Withdrawal of a cause after a preliminary objection
Holding
Leave to withdraw was granted but with costs to the Respondents, reflecting that the withdrawal followed the Objection
Reasoning
The Union filed a Notice of Withdrawal on 25 April 2024, a day after the Respondents' submissions and ten days after the Notice of Preliminary Objection. The court treated the withdrawal as an implicit concession of the Objection's merit and granted leave, but visited the Union with the costs of the Motion.
p. 2
Legal principles established
#- Where a claimant withdraws a cause only after a preliminary objection is raised, the court may award costs to the objecting party
Court orders
#- 1.Leave granted to the Union to withdraw the Cause
- 2.Costs of the Motion awarded to the Respondents
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court (Procedure) Rules 2016 and the Labour Relations Act (specific provision not stated in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v County Government of Kisumu & 4 others (Cause E017 of 2024) [2024] KEELRC 1244 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1244/eng@2024-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.