[2007] KEELRC 1 (KLR)
The court held that the right of appeal against the Minister's order must be grounded in express statutory provision or necessary implication. In the absence of such provision, the court found that the Union had no automatic right to appeal the Minister's decision. The preliminary objection raised by the respondent...
Source-derived case information.
- Citation
- [2007] KEELRC 1 (KLR)
- Parties
- Appellant: Aviation & Allied Workers Union; Respondent: The Minister for Labour & Human Resource Development; Interested Party: Kenya Airways Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 1 of 2006
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Ministerial Orders, Right of Appeal, Trade Union Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aviation & Allied Workers Union
Appellant
The Minister for Labour & Human Resource Development
Respondent
Kenya Airways Ltd
Interested Party
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Minister for Labour & Human Resource Development acted lawfully in rejecting the Union's application.
- 2 Whether the Union had a right to appeal against the Minister's order.
- 3 Whether the preliminary objection raised by the respondent and supported by the interested party was valid.
Ratio Decidendi
The court held that the right of appeal against the Minister's order must be grounded in express statutory provision or necessary implication. In the absence of such provision, the court found that the Union had no automatic right to appeal the Minister's decision. The preliminary objection raised by the respondent and supported by the interested party was upheld, as the statutory framework governing employment and labour disputes did not provide for an appeal in the circumstances presented. The court emphasized that ministerial decisions are generally final unless there is a clear breach of law or procedure, which was not established in this case. Consequently, the appeal was dismissed...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed for want of jurisdiction.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CIVIL APPEAL 1 OF 2006
AVIATION & ALLIED WORKERS UNION …………….....……..Appellants.
V.
THE MINISTER FOR LABOUR
& HUMAN RESOURCE DEVELOPMENT …………………….Respondents.
and
KENYA AIRWAYS LTD ……………………………………Interested Party.
S/No.4734. ” (hereinafter called the grievant).
Mr. Julius M. Kitheka, Advocate, of M/S Kitheka & Co., Advocates, for the Appellants (hereinafter called the Union).
Mr. P.N. Macharia, Senior Labour Officer, for the Respondents (hereinafter called the Minister).
M. Onyango (Mrs.), Advocate,of M/S Obura Mbeche & Co., Advocates, for the Interested Party (hereinafter called the Company).
APPEAL.
This appeal was received by the Court on 1st February, 2006 and the same was listed for mention on 15th March, 2006, when Mr. Kitheka, Mr. Macharia and Mrs. Onyango appeared for the parties respectively.On this occasion, Mr. Macharia and Mrs. Onyango were directed to submit or file their respective written reply and rejoinder on or before 31st March and 18th April, 2006, and the matter was fixed for hearing on 3rd May, 2006. On 24th March, 2006, Mr. Macharia raised a Preliminary Objection to the hearing of the appeal, and on 12th April, 2006, Mrs. Onyango presented her rejoinder in support thereof.On 3rd May, 2006, the appeal was rescheduled for hearing, and was in fact heard, on 18th May, 2006.
The Union lodged an application for leave to appeal against an order by the Minister, dated 14th September, 2005, whereby the Minister rejected the
and delivered at Nairobi this 27th day of November, 2007.
Charles P. Chemmuttut, MBS.,
JUDGE.
J.M. Kilonzo,A.O. Wafula,
MEMBER.