Kenya National Union of Nurses v Kiambu County Public Service Board & another (Cause E895 of 2024) [2025] KEELRC 553 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Breach of the Return-to-Work Agreement of 2 October 2024
The Union's assertion that the Respondents did not pay salaries as agreed was unrebuted and accepted as true, but the interim prayers tied to it had lapsed
The Return-to-Work Agreement bound the parties to engage in utmost good faith. The Union asserted non-payment of salaries contrary to the agreement; the Respondents filed no response. However, prayers (ii) and (iii) were framed only for the ex-parte stage and were overtaken by events. The surviving prayer for reimbursement of bank penalties required proof at trial.
Competence of orders on matters arising after the pleadings
The Court declined to grant orders on the 18 December 2024 Motion until the Union amended its pleadings
Some issues in the December Motion (suspension of study leave, withheld salaries, union dues) arose after the Union moved the Court in October 2024. Granting relief on unpleaded matters would put orders outside the primary pleadings. The Court therefore directed amendment of the Statement of Claim within 10 days.
Conciliation as an avenue for the dispute
The Court directed the County Labour Officer, Kiambu to conciliate the dispute and file a report within 60 days
The Labour Relations Act contemplates conciliation where social partners have a dispute, and recognition agreements typically include alternative dispute-resolution avenues. The Court invoked this to refer the dispute to conciliation alongside the continuation of dues deduction.
Caution against multiple applications
The Union was cautioned against filing successive applications before ventilating earlier ones
The Union filed at least three Motions within a short period, including a withdrawn second Statement of Claim and a contempt Motion, while earlier applications were pending. The Court warned this practice obfuscates proportionate determination and clogs the docket.
Legal principles established
#- Uncontroverted facts in an unopposed application may be taken as true
- Interlocutory relief cannot be granted where the underlying claim requires proof to the required standard at a hearing on the merits
- A court should not grant orders outside the primary pleadings before amendment
- The Labour Relations Act contemplates conciliation of disputes between social partners
Court orders
#- 1.The Union to amend its Statement of Claim within 10 days to incorporate alleged legal wrongs accruing after 22 October 2024
- 2.The Respondents to file and serve Responses to the Amended Statement of Claim within 15 days of service
- 3.The County Labour Officer, Kiambu to conciliate the dispute and file a report with the Court within 60 days
- 4.The Respondents to continue deducting and remitting to the Union monthly union dues
- 5.Further directions on 5 May 2025
- 6.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (referenced disputes under the Labour Relations Act; Article 162(2) court as constituted)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kiambu County Public Service Board & another (Cause E895 of 2024) [2025] KEELRC 553 (KLR)", Case Analysis (2025). Cause No. E895 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/553/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.