[2022] KEELRC 13397 (KLR)
The court declined to grant the injunctive orders sought by the applicant because there was insufficient evidence regarding the timing or existence of the alleged strike. The application was found to be potentially moot, as there were no details provided about when the strike was to commence, and it was unlikely...
Source-derived case information.
- Citation
- [2022] KEELRC 13397 (KLR)
- Parties
- Applicant: Evergreen Herbs Ltd; Respondent: Kenya Plantation & Agricultural Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E374 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Injunction
- Outcome
- No substantive orders granted; parties directed to appear and update the court on the prevailing position regarding the alleged strike.
- Judges
- AN Mwaure
- Legal Topics
- Industrial Strike, Interlocutory Injunctions, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evergreen Herbs Ltd
Applicant
Kenya Plantation & Agricultural Workers Union
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary and prohibitory injunction restraining the respondent from engaging in or continuing with a strike.
- 2 Whether the application is moot or futile due to lack of evidence on the timing or existence of the strike.
Ratio Decidendi
The court declined to grant the injunctive orders sought by the applicant because there was insufficient evidence regarding the timing or existence of the alleged strike. The application was found to be potentially moot, as there were no details provided about when the strike was to commence, and it was unlikely that the workers were still on strike from May 2022 to the date of the ruling. The court determined that issuing the orders would be futile and a waste of judicial resources. The parties were directed to appear before the court to clarify the prevailing situation and to enable the court to give appropriate directions or record a consent if the matter had been overtaken by events.
Court Disposition
No substantive orders granted; parties directed to appear and update the court on the prevailing position regarding the alleged strike.
Orders
- Parties are summoned to appear in court on November 29, 2022, to inform the court of the prevailing position and to enable the court to give directions on the application or record a consent if the matter is overtaken by events.
Full Case Text
Judgment text and source record
20 paragraphs
Evergreen Herbs Ltd v Kenya Plantation & Agricultural Workers Union (Cause E374 of 2022) [2022] KEELRC 13397 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEELRC 13397 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E374 of 2022
AN Mwaure, J
November 17, 2022
Between
Evergreen Herbs Ltd
Claimant
and
Kenya Plantation & Agricultural Workers Union
Respondent
Ruling
1. The applicant filed an application doted June 2, 2021. The orders they are seeking are as follows:1. That this matter be certified urgent and be heardex-parte in the first instance.2. That a temporary injunction be issued restraining the respondent, its officials, members, agents and/or employee from engaging in, participating and/or continuing with the strike pending the hearing and determination of this application inter partes.3. That a prohibitory injunction be issued restraining he respondents, its officials, members, agents and/or employees from engaging in participating and/or continuing with any strike whatsoever pending the hearing and determination of this suit.4. That this honourable court do issue orders suspending the strike by the respondents, its officials, members and/or agents herein pending the hearing and determination of this application inter parte.5. That costs of this application be provided for.
2. The application is supported by the “supporting affidavit” of Lawrence Tororey who is the Human Resource Manager of the applicant company.
3. The claimant/applicant has made the above prayers dated June 2, 2022 claiming that the respondents have initiated an illegal strike. Considering the time the application was filed and considering further that there are no details when the strike was to commence the court finds giving orders hereto seems to be an exercise in futulity and waste of precious courts time.
4. Even if the respondent had undertaken to put in a response he did not do so and so the court is grouping in darkness concerning the intended strike.
5. The parties are asked to advise the court what the prevailing position is as is unlikely the workers are still on strike from May 2022 to date. Parties are summoned in court on November 29, 2022 to clearly inform the court the position and so give directions to the application filed by the claimant/applicant dated June 2, 2022 or to record a consent if the matter is overtaken by events.Orders accordingly.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 17TH NOVEMBER, 2022. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court had been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.ANNA NGIBUINI MWAUREJUDGE