Kenya Railway Workers’ Union v Kenya Union of Employees of Voluntary Associations, Trade Unions & Allied Organisations (Cause 86 of 1999) [2001] KEIC 18 (KLR)
The bottom line
#Kenya's Industrial Court set aside an ex-parte award because a union missed the hearing by honest mistake, not bad faith, and ordered a fresh hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte hearing should be vacated and the matter reheard de novo
The 1st Union's failure to attend was an oversight and not in bad faith; the ex-parte hearing was set aside and the dispute ordered to proceed de novo inter-partes
The Court held that bad faith is a question of fact dependent on evidence and circumstances. On the material before it, including the Secretary General's letters explaining the oversight of the hearing date and the Union's financial constraints, the Court was satisfied the absence was not deliberate. Balancing the 2nd Union's interest in expeditious disposal against the need for a fair inter-partes hearing, the Court exercised its inherent and discretionary powers to vacate the ex-parte hearing and reopen the matter, after consultation with the members who agreed with the decision.
Whether the Court has power to review its own ex-parte hearing
The Court implicitly exercised inherent and discretionary powers to vacate the ex-parte hearing, notwithstanding the 2nd Union's contention that it had no such power
The 2nd Union argued that the Court had no power to review the ex-parte hearing and pressed for delivery of the ex-parte award. The Court did not expressly rule on its power but invoked its inherent and discretionary powers as urged by the 1st Union, finding bad faith was not established. The decision, taken after consultation with the members, effectively disposes of the contention that the Court was functus officio following the ex-parte hearing, though the Court did not set out its reasoning on this jurisdictional point in detail.
Legal principles established
#- Whether a party acted in bad faith in failing to attend court is a question of fact depending on the evidence and circumstances of the case, and where the absence is an innocent oversight, the court may set aside an ex-parte hearing and order a hearing de novo
Court orders
#- 1.The ex-parte hearing of 8th June 2000 is set aside/vacated
- 2.The dispute shall be heard or proceed de novo inter-partes
- 3.The members agreed with this decision on consultation
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya, and the Minister for Labour's reference under that section
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Railway Workers’ Union v Kenya Union of Employees of Voluntary Associations, Trade Unions & Allied Organisations (Cause 86 of 1999) [2001] KEIC 18 (KLR)", Case Analysis (2001). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2001/18/eng@2001-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.