[2017] KEELRC 794 (KLR)
The court found that the basis of the claim—the validity of the 2011 Nairobi Branch elections—had been overtaken by subsequent events, specifically the holding of new elections in 2004 and the replacement of the officials elected in 2011. As a result, the prayers sought in the amended memorandum of claim were no...
Source-derived case information.
- Citation
- [2017] KEELRC 794 (KLR)
- Parties
- Applicant: George Ondiege; Applicant: Elkanah Mwinami; Applicant: Eunice Ngina Mbuta; Respondent: Albert Obed Njeru/KUDHEIHA Workers; Respondent: Registrar of Trade Unions; Respondent: Patrick Karanja/KUDHEIHA Nairobi Branch; Respondent: Hopkins Ogutu & Others
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 134 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- suit dismissed as moot
- Legal Topics
- Trade Union Elections, Union Officials Removal, Registrar of Trade Unions Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ondiege
Applicant
Elkanah Mwinami
Applicant
Eunice Ngina Mbuta
Applicant
Albert Obed Njeru/KUDHEIHA Workers
Respondent
Registrar of Trade Unions
Respondent
Patrick Karanja/KUDHEIHA Nairobi Branch
Respondent
Hopkins Ogutu & Others
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Nairobi Branch elections held on 29th January 2011 were valid in light of the Registrar of Trade Unions' cancellation.
- 2 Whether the court should declare the elections irregular and order fresh elections.
Ratio Decidendi
The court found that the basis of the claim—the validity of the 2011 Nairobi Branch elections—had been overtaken by subsequent events, specifically the holding of new elections in 2004 and the replacement of the officials elected in 2011. As a result, the prayers sought in the amended memorandum of claim were no longer capable of being granted, and the court could not issue any orders regarding the disputed elections or related forms. The consolidated suits were therefore dismissed as moot, with no order as to costs.
Court Disposition
suit dismissed as moot
Orders
- The consolidated suits Nos. 134/2011; 429/2012; 420/2012 and 407/2014 are dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 134 OF 2011
GEORGE ONDIEGE …………………..…..…..........................…1ST CLAIMANT
ELKANAH MWINAMI ……………….…….…............................ 2ND CLAIMANT
EUNICE NGINA MBUTA …………………..........................….…3RD CLAIMANT
VERSUS
ALBERT OBED NJERU/KUDHEIHA WORKERS ...............1ST RESPONDENT
REGISTRAR OF TRADE UNIONS ………............................2ND RESPONDENT
PATRICK KARANJA/KUDHEIHA NAIROBI BRANCH .…..3RD RESPONDENT
HOPKINS OGUTU & OTHERS ……….........................…INTERESTED PARTY
George Ondege – claimant in person
M/S Guserwa for 1st & 3rd respondents
Chesina for 2nd respondent
Mr. Mogire for interested party
JUDGMENT
1. Suits No. 134/2011; 429/2012, 420/2012 and 407/2014 were consolidated on 14th December 2016 with 134/2011 being the lead file.
2. The claimants allege that the Nairobi Branch elections held on 29th January 2011, were held contrary to the directions of the Registrar of Trade Unions, who had already cancelled the same.
3. The claimants pray that the purported elections be deemed irregular and the court directs holding of fresh elections.
4. Subsequent elections were held in 2004 and the officials elected in 2011 were replaced by new ones. This fact is not in dispute.
5. It is the court’s finding that the substratum of the suit before court was spent by fact of a new election in 2004 and replacement of the union officials pursuant to the elections.
6. All the prayers sought in the amended memorandum of claim dated 3rd February 2011 and filed on 3rd May 2011 have been overtaken by events. The court cannot at this stage issue any orders with regard to form Q presented to the Registrar of Trade Unions pursuant to the elections held on 29th January 2011.
7. Accordingly the consolidated suits Nos. 134/2011; 429/2012; 420/2012 and 407/2014, having been overtaken by events are dismissed with no order as to costs.
Dated and delivered at Nairobi this 28th July, 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE