Kenya Union of Hair and Beauty Salon Workers v Style Industries Ltd (Cause 578 of 2013) (Employment and Labour) [2014] KEIC 122 (KLR)

Kenya Union of Hair and Beauty Salon Workers v Style Industries Ltd (Cause 578 of 2013) [2014] KEIC 122 (KLR) (Employment and Labour) (1 April 2014) (Ruling) Kenya Union Of Hair And Beauty Salon Workers v Style Industries Ltd [2014] eKLR Neutral citation: [2014] KEIC 122 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 578 OF 2013 NZIOKI WA MAKAU, J APRIL 1, 2014 BETWEEN KENYA UNION OF HAIR AND BEAUTY SALON WORKERS ........ CLAIMANT AND STYLE INDUSTRIES LTD .................................................................. RESPONDENT RULING 1. The Respondent has raised preliminary objection that goes to an issue of locus. The Claimants, it is submitted are represented by a person who is unqualified in terms of Section 2 of the Labour Relations Act. It’s also submitted that the Claimants have not met the threshold of Section 54(1),54(6) and (7) of the Labour Institution Act. 2. The Claimants has filed suit against the Respondent for remedies that canlie in terms of the Labour Relations Act. It is not lost on the Court that there is no exhibit showing proof of membership in terms of Section 54(6) and (7). Matter was not referred to conciliation in terms of part VIII of the Act. The suit is premature on that score.Page 1 of 2 3. As regards the locus of Mr. James Onkoba Tongi, the Court is inclined to agree that any oficial of the trade union may take up a cause on behalf ofmembers. Oficial is defined in Section 2 of the Labour Relations Act as “aduly elected oficial of a trade union or employers’ organization including a member of the executive and a branch oficial.” No credentials have been presented by Mr. Tongi to show he is one of such oficials as per the law.In the premises I find that the suit is filed by an incompetent person and I hereby strike it out with costs of the Respondent. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/keic/2014/122/eng@2014-04-01 1

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