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ELRCOtherCause filed 15 November 2024 (number not stated in judgment)· [2025] KEELRC 7 (KLR)
Tailors & Textile Workers Union v Royal Apparels EPZ Ltd (Cause E968 of 2024) [2025] KEELRC 7 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan union withdrew its entire claim against Royal Apparels EPZ before the hearing, and the court closed the case with no one paying costs.
What this practically means
#Executive summary
#The Tailors & Textile Workers Union filed a Memorandum of Claim against Royal Apparels EPZ Ltd on 15 November 2024, alleging failure to deduct and remit union dues and agency fees. The claim was accompanied by a Motion seeking interim orders; on the same day the court gave directions with a return date of 16 January 2025. However, on 22 November 2024, before the return date, the Union filed a Notice of Withdrawal of the Cause in its entirety. When the matter came before Radido Stephen, Judge, on 16 January 2025, no substantive claim remained for determination. The court made no findings on the merits of the alleged failure to deduct and remit union dues and agency fees, and did not rule on the interim relief sought in the Motion, as the withdrawal of the entire Cause rendered both moot. The Court marked the Cause as withdrawn with no order on costs, meaning neither party was condemned to pay the other's costs. The judgment is a brief procedural disposition rather than a decision on the evidence or the law; it establishes nothing beyond the court's practice of recording an unconditional withdrawal with no costs order. The Cause was heard in the Employment and Labour Relations Court at Nairobi and delivered virtually, dated and signed in Nairobi on 16 January 2025.
Key legal issues
#01
Effect of a Notice of Withdrawal of the Cause in its entirety
Holding
The Cause is marked as withdrawn with no order on costs
Reasoning
The Union sued on 15 November 2024 alleging failure to deduct and remit union dues and agency fees, and filed a Motion for interim orders. Directions were given with a return date of 16 January 2025, but before that date the Union filed a Notice of Withdrawal of the entire Cause on 22 November 2024. With no substantive claim remaining, the court recorded the withdrawal and made no order on costs.
p. 1
Legal principles established
#- A claimant may withdraw a cause in its entirety before the interlocutory motion return date, and the court may mark it withdrawn with no order as to costs
Court orders
#- 1.The Cause is marked as withdrawn
- 2.No order on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (not expressly cited in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tailors & Textile Workers Union v Royal Apparels EPZ Ltd (Cause E968 of 2024) [2025] KEELRC 7 (KLR)", Case Analysis (2025). Cause filed 15 November 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/7/eng@2025-01-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.