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ELRCDismissedNot stated in judgment· [2024] KEELRC 2294 (KLR)

Seafarers Union of Kenya v Ramadhan & 2 others; Registrar of Trade Union (Interested Party) (Cause E057 of 2023) [2024] KEELRC 2294 (KLR)

Employment and Labour Relations Court
26 September 2024
MMM. Mbarũ
1,181 words in judgment
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The bottom line

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Kenya's Employment Court dismissed a union member's bid to join a case as an interested party, ruling he had no personal stake and was speaking for others.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Mombasa (M. Mbarũ, J) on a notice of application dated 8 July 2024 by Albert Adembesa Adego, a member of the claimant union, seeking leave for himself and other members to be enjoined as interested parties in a claim in which the union has sued its respondents for creating a splinter group and conducting a parallel election. The applicant swore the supporting affidavit on behalf of the other intended parties, asserting an interest in seeing the rightfully elected officials run the union's affairs. The respondents opposed, contending the threshold for joinder was unmet, the union constitution was not exhibited, and that one intended applicant, Hassan Ismael Kombo, had already sworn an affidavit in the main suit, rendering the application an abuse of process. Only the respondents filed submissions. The court noted an unexplained variance between the deponent named in the application (Albert Adembesa Mirobi) and the actual deponent (Albert Adembesa Adego). Applying the definitions of an interested party in John Harun Mwau v Simone Haysom and Trusted Society of Human Rights Alliance v Mumo Matemu, and the Practice and Procedure Rules, the court held that the applicant sought to appear for third parties rather than for himself, and that the union's registered officials, per the Registrar of Trade Unions' extract, are the officers authorised under the Labour Relations Act to secure the union's interests. Noting this was the third unmerited joinder application, the court dismissed the application, awarded the respondents costs of Ksh.20,000 payable by the applicant personally, and gave the claimant 14 days to set the claim down for hearing, failing which the respondents may seek its dismissal.

Key legal issues

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01

Whether the applicant satisfied the threshold for joinder as an interested party

Holding

The application failed because the applicant sought to represent third parties without a defined personal stake, and the variance between the named deponent and the actual deponent was unexplained.

Reasoning

The court noted the application stated it was supported by Albert Adembesa Mirobi but the attached affidavit was sworn by Albert Adembesa Adego, a variance never addressed. Applying the definitions in the Mwau, Mumo Matemu authorities and the Practice and Procedure Rules, the court found that union members' interests are adequately secured by the registered union officials per the Registrar of Trade Unions' extract, so the applicant had no defined interest to attend for third parties.

p. 3
02

Whether repeated unmerited joinder applications amount to abuse of court process

Holding

The court found this was the third such unmerited application and moved to protect the hearing of the main claim.

Reasoning

The court observed that an application dated 26 January 2024 had been declined on 14 March 2024 and another dated 25 April 2024 dismissed with costs of Ksh.20,000 against Stephen Ojiambo Owaki. The instant application was the third found without merit. To prevent abuse of process, the claimant was given 14 days to set the claim down for hearing, failing which the respondents could seek its dismissal.

p. 3

Legal principles established

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  • An interested party is one with an identifiable stake or legal interest in the proceedings, who must appear to champion their own cause rather than act for third parties.
  • Union officials registered with the Registrar of Trade Unions are the officers authorised under the Labour Relations Act to secure the interests of the union.

Court orders

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  1. 1.Application dated 8 July 2024 dismissed
  2. 2.Respondents awarded costs assessed at Ksh.20,000 to be paid by the applicant, Albert Adembesa Adego
  3. 3.Claimant given 14 days to set down the matter for hearing
  4. 4.In default, respondents at liberty to move the court to have the claim dismissed

Authorities

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Legislation

  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure RulesRule 2
  • Labour Relations ActNot specified

Cases cited (2)

  • John Harun Mwau v Simone Haysom & 2 others; Attorney General & 2 others (Interested Parties)
    [2021] eKLR
  • Trusted Society of Human Rights Alliance v Mumo Matemu & 5 Others
    [2014] eKLR
Jurisdiction invoked
Original employment and labour relations jurisdiction; joinder of interested parties under Rule 2 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules

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, "Seafarers Union of Kenya v Ramadhan & 2 others; Registrar of Trade Union (Interested Party) (Cause E057 of 2023) [2024] KEELRC 2294 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2294/eng@2024-09-26

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