[2016] KEELRC 1540 (KLR)
The court found that the applicants are bona fide officials of the claimant union, as confirmed by the Registrar of Trade Unions. Excluding them from the proceedings would be detrimental to the interests of the union. The court rejected the claimant's argument that only the Secretary General can represent the union,...
Source-derived case information.
- Citation
- [2016] KEELRC 1540 (KLR)
- Parties
- Claimant: Kenya Concrete Structural Ceramics Tiles Woodply and Interior Design Workers Union; Respondent: Registrar of Trade Unions; Respondent: The Co-operative Bank of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1962 of 2015
- Procedural Posture
- Employment and Labour Cause / Ruling on Application for Joinder of Interested Parties
- Outcome
- application for joinder allowed
- Judges
- HS Wasilwa
- Legal Topics
- Joinder of Parties, Trade Union Officials, Capacity to Sue, Union Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Concrete Structural Ceramics Tiles Woodply and Interior Design Workers Union
Claimant
Registrar of Trade Unions
Respondent
The Co-operative Bank of Kenya
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the suit.
- 2 Whether the applicants are bona fide officials of the claimant union.
- 3 Whether the applicants have capacity to bring the application.
Ratio Decidendi
The court found that the applicants are bona fide officials of the claimant union, as confirmed by the Registrar of Trade Unions. Excluding them from the proceedings would be detrimental to the interests of the union. The court rejected the claimant's argument that only the Secretary General can represent the union, noting that the applicants' official status entitles them to participate. The court therefore allowed the application for joinder, permitting the interested parties to be enjoined in the suit and to file their reply to the main application.
Court Disposition
application for joinder allowed
Orders
- The interested parties are enjoined in the suit as interested parties.
- The interested parties are to file their reply to the main application within 14 days.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 1962 OF 2015
(Before Hon. Justice Hellen S. Wasilwa on 8th March, 2016)
KENYA CONCRETE STRUCTURAL
CERAMICS TILES WOODPLY AND
INTERIOR DESIGN WORKERS UNION...........................................CLAIMANTS
VERSUS
REGISTRAR OF TRADE UNIONS..........................................1ST RESPONDENT
THE CO-OPERATIVE BANK OF KENYA................................2ND RESPONDENT
RULING
1. The application before Court by the Applicants is the Notice of Motion dated 2. 12. 2015 and filed in Court on 4. 12. 2015 where the Applicants seek to be enjoined in this case. The reason they state is that they are bona fide officials of the Claimants yet have been left out of the claim.
2. They annexed the extract from the Registrar of Trade Unions to show their position in the Claimants union.
3. They contend that allegations that they have engaged in criminal activities is not true as there is no evidence to that claim.
4. The Respondents, the Registrar of Trade Unions conceded to this application stating that the Interested Parties are the bona fide officials of the Claimant.
5. Claimants are opposed to this application. They aver that the Interested Parties lack capacity to bring the application because Section 2 of Labour Relations Act states that the authorized representative of the Union is the Secretary General.
6. They also aver that the Interested Parties are not employed in this sector and they adduced DAMC showing that 1st and 2nd Interested Parties had submitted for registration of another union and there is no proof that, that union has been abandoned.
7. I have considered submissions of both parties, I note that the Interested Parties are bona fide officials of the Claimant and excluding them from the suit is detrimental to the entire suit. As officials of the Claimant, the interests of the Claimants will best be served with the Interested Parties being enjoined in this suit.
8. I therefore allow the application and allow the Interested Parties to be enjoined in this suit as Interested Parties.
9. The Interested Parties are therefore ordered to file their reply to the main application pending in Court within 14 days. The Claimants to reply if need be within 7 days. The application will thereafter proceed on priority basis.
Read in open Court this 8th day of March, 2016
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Miss Kingara for 2nd Respondents – Present
Claimants – Absent
Interested Parties – Absent