[2024] KEELRC 13387 (KLR)
The court found that the Claimants had not demonstrated a sufficient prima facie case to warrant the grant of ex-parte or ex tempore injunctive orders. The court noted that the amendment process had commenced in 2022, only five chapters did not participate, and the Claimants and delegates would have an opportunity...
Source-derived case information.
- Citation
- [2024] KEELRC 13387 (KLR)
- Parties
- Applicant: Omari Hassan; Applicant: George Oruta; Applicant: Josephine Wairimu; Respondent: Universities Academic Staff Union; Respondent: Universities Academic Staff Union- Nairobi University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E1029 of 2024
- Procedural Posture
- Interlocutory Injunction Application / Ruling on Interim Injunction Application
- Outcome
- Interim injunction declined; directions issued for further proceedings.
- Judges
- S Radido
- Legal Topics
- Trade Union Governance, Constitutional Amendment Procedure, Injunctive Relief, Union Membership Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omari Hassan
Applicant
George Oruta
Applicant
Josephine Wairimu
Applicant
Universities Academic Staff Union
Respondent
Universities Academic Staff Union- Nairobi University
Respondent
Procedural Posture
Interlocutory Injunction Application / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the process of amending the Union's Constitution complied with Article 23 of the Union's Constitution.
- 2 Whether the Claimants have established a prima facie case for grant of interim injunctive relief.
- 3 Whether the Claimants or Union would suffer prejudice if the injunction is not granted.
Ratio Decidendi
The court found that the Claimants had not demonstrated a sufficient prima facie case to warrant the grant of ex-parte or ex tempore injunctive orders. The court noted that the amendment process had commenced in 2022, only five chapters did not participate, and the Claimants and delegates would have an opportunity to deliberate and vote on the proposed amendments at the conference. The court further observed that it retains the power to invalidate any amendments passed contrary to the Constitution at a later stage. Therefore, the balance of convenience did not favour granting interim injunctive relief at this stage.
Court Disposition
Interim injunction declined; directions issued for further proceedings.
Orders
- Respondents to file and serve responses to the Motion on or before 20 December 2024.
- Claimants to file and serve further affidavit and submissions before 21 January 2025 if necessary.
Full Case Text
Judgment text and source record
34 paragraphs
Hassan & 2 others v Universities Academic Staff Union & another (Cause E1029 of 2024) [2024] KEELRC 13387 (KLR) (9 December 2024) (Ruling)
Neutral citation: [2024] KEELRC 13387 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E1029 of 2024
S Radido, J
December 9, 2024
Between
Omari Hassan
1st Claimant
George Oruta
2nd Claimant
Josephine Wairimu
3rd Claimant
and
Universities Academic Staff Union
1st Respondent
Universities Academic Staff Union- Nairobi University
2nd Respondent
Ruling
1. Through a Motion dated 3 December 2024, the Claimants seek an interim order of injunction stopping the Universities Academic Staff Union (the Union) and the University of Nairobi chapter of the Union (the chapter) from proceeding to vote on 10 December 2024, on proposed amendments to the Union’s Constitution pending the hearing and determination of the Motion/Cause.
2. The primary grounds advanced by the Claimants in seeking the interim injunctive relief are that the process of amendment did not involve the membership contrary to Article 23 of the Union’s Constitution; the Committee set up to spearhead the review process did not place the proposed amendments before the National Executive Council for approval as demanded by Article 23 of the Union’s Constitution; some of the Union’s chapters did not have officials or delegates and that no prejudice will be occasioned to the Union since there is a valid Constitution in place and hence there would be no vacuum.
3. The University of Nairobi chapter of the Union supported the course presented by the Claimants for grant of interim relief.
4. The Claimants filed an affidavit of service attesting to service upon the Union.
5. In order to succeed in their quest, the Claimants were expected to demonstrate a prima facie case (see Mrao Ltd v First American Bank of Kenya (2003) KLR 125).
6. The Court has considered the Motion and brief submissions by the advocates present and can make the following deductions.
7. At this juncture, the Court has not heard the case of the Union, being one of the substantive Respondents.
8. Material on record suggests that the review process commenced in 2022, and that only 5 chapters of the Union did not participate in the process.
9. A copy of the Notice calling for the Conference to deliberate on the proposed amendments indicates that a vote will be taken on the floor or plenary of the Conference. The Claimants and the delegates would therefore have an opportunity to deliberate on the review process.
10. This Court also reserves the power to invalidate the amended Constitution if it is passed contrary to the requirements of the current Constitution.
11. For these reasons, the Court declines to grant ex-parte or ex tempore injunctive orders.
12. The Court directs:i.The Respondents to file and serve responses to the Motion on or before 20 December 2024. ii.The Claimants to file and serve a further affidavit if necessary, and submissions before 21 January 2025. iii.The Respondents to file and serve submissions before 30 January 2025.
13. The Cause to be mentioned on 5 February 2025 to confirm and give further directions.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NYAHURURU ON THIS 9TH DAY OF DECEMBER 2024. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Claimants Bryan Khaemba, Kamau & Kamau AdvocatesFor 1st Respondent not on recordFor 2nd Respondent Ogembo & Associates AdvocatesCourt Assistant Wangu