[2015] KEELRC 564 (KLR)
The court found that the application by the Claimant had merit based on its findings in a related matter (Cause Number 551 of 2015). The court was satisfied that restraining the Respondent from proceeding with the Special Conference was necessary to preserve the subject matter of the dispute and prevent potential...
Source-derived case information.
- Citation
- [2015] KEELRC 564 (KLR)
- Parties
- Applicant: Dock Workers Union; Respondent: Geoffrey Mareko
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 562 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted
- Legal Topics
- Trade Union Governance, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dock Workers Union
Applicant
Geoffrey Mareko
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the Respondent should be restrained from proceeding with the Special Conference scheduled for 15th August 2015 pending further orders of the Court.
Ratio Decidendi
The court found that the application by the Claimant had merit based on its findings in a related matter (Cause Number 551 of 2015). The court was satisfied that restraining the Respondent from proceeding with the Special Conference was necessary to preserve the subject matter of the dispute and prevent potential prejudice until the court could make further orders. The decision was made on the basis of urgency and the need to maintain the status quo in union governance matters pending full hearing and determination.
Court Disposition
interlocutory injunction granted
Orders
- The Respondent, by himself, his agents and/or servants, is hereby restrained from proceeding with the Special Conference on 15th August 2015, or on any other date, until further orders are otherwise made by this Court.
- Costs in the Cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 562 OF 2015
BETWEEN
DOCK WORKERS UNION………………………CLAIMANT
VERSUS
GEOFFREY MAREKO………………………RESPONDENT
RULING
1. The Claimant Union filed its Statement of Claim on the 6th August 2015. This was accompanied by an Application under Certificate of Urgency. The Application seeks to have the Respondent by himself, agents and /or servants restrained from proceeding with a Special Conference which is scheduled for 15th August 2015.
2. The Application is supported by the Affidavit of the Claimant’s General Secretary, Simon Kiprono Sang, sworn on the 5th August 2015.
3. The Parties appeared before the Court yesterday the 11th August 2015, under Certificate of Urgency. They were engaged in arguing another Application which involves them and similar issues, under Cause Number 551 of 2015.
4. The Court directed that Ruling on the Application in the current file, is made based on its findings in Cause Number 551 of 2015. Relying on the findings in that Cause, the Court is satisfied the Application by the Claimant, dated 5th August 2015 has merit. IT IS ORDERED:-
[a] The Respondent, by himself, his agents and/or servants, is hereby restrained from proceeding with the Special Conference on 15th August 2015, or on any other date, until further orders are otherwise made by this Court.
[b] Costs in the Cause.
Dated and delivered at Mombasa this 12th day of August 2015
James Rika
Judge