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ELRCDismissedPetition No. 013 (as referenced in the judgment)· [2024] KEELRC 1885 (KLR)

Oloo v Ndege, Secretary General Union of Kenya Civil Servant & 2 others; Wangui (Interested Party) (Employment and Labour Relations Petition E013 of 2023) [2024] KEELRC 1885 (KLR)

Employment and Labour Relations Court
16 July 2024
HWHellen Wasilwa
3,461 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court threw out a union official's bid to halt a judgment because she was never made a formal party to the case.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court (Hellen Wasilwa, J) deals with a Notice of Motion dated March 14, 2024 filed by the Interested Party, seeking stay of execution of the judgment delivered February 29, 2024 and maintenance of the status quo (her remaining in office) pending an appeal against that judgment. The application was grounded on the Contentions that she was never enjoined as a party and thus not heard, that the arbitration clause in Article 16 of the Union of Kenya Civil Servants Constitution was not complied with, and that execution would violate her rights under Articles 27, 47, 49 and 50 of the Constitution. She relied on authorities on substantial loss and the criteria for stay of execution, including Mrao Ltd, Nguruman Limited, James Wangalwa, Mukuma v Abuoga and Masisi Mwita. The Petitioner opposed the application, arguing it was an afterthought and abuse of process because the Interested Party, a union official who sat on the National Executive Board, was aware of the proceedings from the start but never joined; that she cannot be joined after judgment; and that no loss would flow from the ordered re-election. The court held that the Interested Party had never been a party to the proceedings and had not applied to be enjoined, and therefore lacked locus standi to bring the application. On that ground alone the court declined the prayers sought, dismissed the application forthwith and awarded costs to the Respondents.

Key legal issues

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01

Whether an applicant not party to the suit and not enjoined has locus standi to apply for stay of execution

Holding

The application is filed by a party without locus standi and is dismissed on that ground alone

Reasoning

The court observed that the Interested Party was never a party to the proceedings and had not applied to be enjoined. Although she had earlier filed an application dated March 8, 2024 seeking joinder, the record showed nothing to confirm she was ever allowed on record. Without joinder or party status, she had no standing to seek stay of execution of the judgment, and the application failed without a consideration of the merits of the stay principles.

p. 7

Legal principles established

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  • A party who was never a party to proceedings and has not applied to be enjoined lacks locus standi to bring an application in those proceedings

Court orders

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  1. 1.The Interested Party's Notice of Motion dated March 14, 2024 is dismissed forthwith
  2. 2.Costs to the Respondents
Jurisdiction invoked
Sections 1A, 1B, 3 & 3A of the Civil Procedure Act; Order 51 rule 1 and Order 42 of the Civil Procedure Rules 2010

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, "Oloo v Ndege, Secretary General Union of Kenya Civil Servant & 2 others; Wangui (Interested Party) (Employment and Labour Relations Petition E013 of 2023) [2024] KEELRC 1885 (KLR)", Case Analysis (2024). Petition No. 013 (as referenced in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1885/eng@2024-07-16

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