[2015] KEELRC 755 (KLR)
The court found that the application for interlocutory orders was premature and unmerited because the change of officials had not yet been registered by the Registrar of Trade Unions. The Registrar had already halted the registration process pending the court's determination of the dispute. As such, there was no...
Source-derived case information.
- Citation
- [2015] KEELRC 755 (KLR)
- Parties
- Applicant: Francis Musyimi; Applicant: Jomo Joseph Kirwa; Applicant: Joseph Mwangi Ngatia; Respondent: John Ochieng; Respondent: Peter Nthaka; Respondent: Rose J. Martin; Respondent: Ernest Nakenya Nadome, General Secretary Kenya Electrical Trade & Allied Workers Union; Respondent: Registrar of Trade Unions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1999 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Trade Union Officials, Interlocutory Injunctions, Registration of Officials
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Musyimi
Applicant
Jomo Joseph Kirwa
Applicant
Joseph Mwangi Ngatia
Applicant
John Ochieng
Respondent
Peter Nthaka
Respondent
Rose J. Martin
Respondent
Ernest Nakenya Nadome, General Secretary Kenya Electrical Trade & Allied Workers Union
Respondent
Registrar of Trade Unions
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 1st, 2nd, and 3rd respondents should be restrained from assuming office as officials of the union pending the hearing and determination of the suit.
- 2 Whether the 5th respondent should be restrained from effecting registration of the 1st, 2nd, and 3rd respondents as officials pending the hearing of the suit.
- 3 Whether the special general meeting held on 1st November 2014 was validly convened and whether notice was properly served on the applicants.
Ratio Decidendi
The court found that the application for interlocutory orders was premature and unmerited because the change of officials had not yet been registered by the Registrar of Trade Unions. The Registrar had already halted the registration process pending the court's determination of the dispute. As such, there was no imminent threat or action to be restrained, rendering the application unnecessary at this stage. The court was persuaded by the submissions of the 5th respondent's counsel and dismissed the application, directing the parties to proceed with the hearing of the main suit.
Court Disposition
application dismissed
Orders
- The application is dismissed as premature and unmerited.
- The parties are to proceed with the hearing of the main suit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
CAUSE NO. 1999 OF 2014
FRANCIS MUSYIMI……………………........................…….……...1ST CLAIMANT
JOMO JOSEPH KIRWA………………….......................…………2ND CLAIMANT
JOSEPH MWANGI NGATIA ……………........................…………3RD CLAIMANT
VERSUS
JOHN OCHIENG ………………………......................………..1ST RESPONDENT
PETER NTHAKA ………….…………….........................……2ND RESPONDENT
ROSE J. MARTIN ……………………...................………….3RD RESPONDENT
ERNEST NAKENYA NADOME,GENERAL SECRETARY KENYA
ELECTRICAL TRADE & ALLIED WORKERS UNION ….….4TH RESPONDENT
REGISTRAR OF TRADE UNIONS………......................……..5TH RESPONDENT
RULING
1. The Notice of Motion Application seeks inter alia orders against the 1st, 2nd and 3rd respondents from assuming office as officials of Kenya Electrical Trade and Allied Workers Union (South Rift Branch) pending the hearing and determination of the suit and restraining the 5th respondent from effecting registration of the 1st, 2nd and 3rd respondents as officials of the Union pending the hearing of the suit.
2. The objection by the applicant is on the grounds that the Special General Meeting conducted on 1st November 2014 at Valley Bridge Kwamuhia Beach, Naivasha was null and void as no notice was served on the applicants and the applicants have denied receiving a copy of the requisition ‘PN 1’ as there is no evidence of service of such requisition on the applicants whether by way of delivery book or the applicants official stamp or endorsement by the applicants.
3. The Application is opposed by 1st, 2nd and 3rd respondents who have filed written submissions on 20th April, 2015 stating that the applicants were aware and had full knowledge of the notice to call for special general meeting as requested by their members they went ahead to write protest letters to various offices so as to defeat the call by members.
4. That out of the ten (10) Committee members, eight (8) attended the meeting. This is evidence enough that all the officials were served. Indeed some of the officials were elected back to the Union offices.
5. The purpose of the meeting was to address various grievances by the members listed in the notice that was duly served.
6. The 5th respondent, the Registrar of Trade Unions filed written submissions on 8th April, 2015 in which he states that arising from the above dispute, the change of officials has not yet been registered and now that this dispute is already in Court, the 5th respondent stopped determination of the dispute as it has been overtaken by events and will await the determination of the dispute by the Court.
7. That based on the facts stated by the 5th respondent the application is premature, unmerited and should be dismissed with costs as no registration has taken place.
Determination
8. The Court is persuaded by the submissions before court by Counsel for the 5th respondent Beatrice Akuno and finds that this application is premature and unmerited and the same is dismissed.
9. The parties to proceed with the hearing of the main suit.
Dated and Delivered at Nairobi this 8th day of July 2015.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE