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ELRCDismissedNotice of Motion dated 18th June 2024 (ruling)· [2025] KEELRC 366 (KLR)

Kenya Hotels & Allied Workers Union & another v Boma Hotel/Red Court Hotel (Cause 1051 of 2018) [2025] KEELRC 366 (KLR)

Employment and Labour Relations Court
13 February 2025
358 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that a trade union can't be replaced as claimant in an employment case, even when the member wants to represent herself.

What this practically means

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Executive summary

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By a Notice of Motion dated 18th June 2024, Agnes Wanjiru Evan, acting in person, sought to be joined in proceedings filed by the Kenya Hotels & Allied Workers Union as 2nd Claimant, and further sought an order barring the union from continuing to represent her. She argued that she had withdrawn all instructions to the union, that the Constitution entitled her to choose her own representative, and that she was prejudiced by the court's ruling of 15th February 2024. That earlier ruling had held that the power of trade unions to sue in their own name on behalf of members is a special power donated by the Labour Relations Act, exercisable exclusively by unions for members earning below the Kshs. 80,000 jurisdictional threshold for the Magistrates' Courts, and that a union cannot be replaced as claimant in a case filed before the court. Justice Linnet Ndolo held that the application invited the court to reach a different verdict on an issue it had already fully determined, offending both res judicata and the rule barring a court from sitting on appeal over its own decisions. The application was found to be without merit and dismissed with no order for costs. The union's exclusive standing to prosecute the claim therefore remained undisturbed.

Key legal issues

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01

Whether an individual member may be joined as a co-claimant in place of or alongside a trade union in a claim filed by the union on her behalf

Holding

The application for joinder was refused; the union's statutory power to sue on behalf of members cannot be displaced and the issue had already been determined.

Reasoning

The court restated its earlier ruling of 15th February 2024 that the power of trade unions to sue in their own name on behalf of members is special, donated by the Labour Relations Act, and cannot be donated to any other person, including an advocate or a member acting in person, where the member's salary falls below the Kshs. 80,000 threshold. The application invited the court to revisit a matter it had fully rendered itself on, which is barred by res judicata.

p. 2
02

Whether the court could bar the union from continuing to represent the applicant and substitute her own representation

Holding

The relief was refused; the union cannot be replaced as claimant in the case.

Reasoning

Relying on its earlier ruling, the court held that since the law vests the power to file claims on behalf of members earning below the threshold exclusively in trade unions, a union cannot be replaced as claimant. The applicant's invitation to reach a different verdict on an issue already decided would offend res judicata and the principle that a court does not sit on appeal over its own decisions. The application was therefore found to be without merit and dismissed.

p. 1

Legal principles established

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  • A trade union cannot be replaced as claimant in a case filed before the Employment and Labour Relations Court where the member's monthly salary falls below the Kshs. 80,000 threshold, as the statutory power to sue on behalf of members is exclusively vested in trade unions by the Labour Relations Act.
  • A party cannot invite a court to reach a different verdict on an issue it has already fully determined; such a move offends res judicata and the bar on a court sitting on appeal over its own decisions.

Court orders

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  1. 1.Dismissal of the Notice of Motion dated 18th June 2024 with no order for costs

Authorities

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Legislation

  • Labour Relations Act
  • Constitution of Kenyaright to choose a representative in court
Jurisdiction invoked
Jurisdiction of the Employment and Labour Relations Court under the Labour Relations Act and the Gazette Notice donating jurisdiction to the Magistrates' Courts (salary threshold of Kshs. 80,000)

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, "Kenya Hotels & Allied Workers Union & another v Boma Hotel/Red Court Hotel (Cause 1051 of 2018) [2025] KEELRC 366 (KLR)", Case Analysis (2025). Notice of Motion dated 18th June 2024 (ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/366/eng@2025-02-13

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