Kenya Building, Construction, Timber and Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2204 (KLR)
The bottom line
#A trade union's interim application failed because its 84 supporting exhibits were not sealed and marked as Kenyan law requires.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Supporting Affidavit and its exhibits
None of the 84 exhibits was sealed under the seal of a Commissioner for Oaths or marked with serial letters as required by Rule 9; they were expunged, rendering the application unsupported
The Court found Rules 9 and 10 of the Oaths and Statutory Declarations Rules mandatory, promulgated under section 6 of the Oaths and Statutory Declarations Act. Following Mbaranya and Matus, exhibits not sealed and marked must be struck out. Since the Claimant did not contest the sealing defect, the burden it bore to prove validity was not discharged, and Article 159(2)(d) could not rescue the defect.
Whether the advocate commissioning the affidavit was duly authorised
The LSK portal listed Stanley Mwangi Kinuthia Wandaka (Admission No. P105/1359/84, admitted 3rd September 1984), though a search under 'S.K.M. Wandaka' yielded no results; the burden lay on the Claimant to prove the affidavit's validity
The Respondent's search under the advocate's initials yielded no results, which the Court found factual, but the portal showed the advocate under his full name with a current Practising Certificate attached. The Court nonetheless held that once validity was queried, the Claimant bore the onus of providing sufficient proof.
Entitlement to interim reliefs including a declaration of discriminatory dismissal
The application failed for want of a supporting affidavit and exhibits and was dismissed; the merits of the discrimination and reinstatement claims were not determined
With all exhibits expunged, the Notice of Motion was unsupported. The Court also observed the application sought no orders pending hearing of the main suit and that some prayers required full hearing. The application was accordingly dismissed for want of proof.
Legal principles established
#- Rules 9 and 10 of the Oaths and Statutory Declarations Rules requiring exhibits to be securely sealed and marked with serial letters of identification are mandatory and non-compliance is fatal to admissibility
- Article 159(2)(d) of the Constitution cannot be invoked to cure non-compliance with clear statutory provisions
Court orders
#- 1.The 84 exhibits to the Supporting Affidavit of Julius Macharia Maina sworn on 4th June 2024 are expunged from the record
- 2.The Claimant's Notice of Motion dated 4th June, 2024 is dismissed for want of proof
- 3.Parties shall bear own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act (interlocutory application within a recognition dispute); ruling delivered under Covid-19 directions of the Chief Justice
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Building, Construction, Timber and Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2204 (KLR)", Case Analysis (2024). Notice of Motion dated 4th June, 2024 (in the main suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2204/eng@2024-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.