[2022] KEELRC 1076 (KLR)
The Court declined to proceed to the merits of the case, having noted that the Union failed to address the jurisdictional question as previously directed. The Court emphasized that it must first satisfy itself as to its jurisdiction, including whether the dispute was properly subjected to conciliation and whether...
Source-derived case information.
- Citation
- [2022] KEELRC 1076 (KLR)
- Parties
- Applicant: Kenya County Government Workers Union; Respondent: County Government of Nyamira; Respondent: Nyamira County Public Service Board; Respondent: County Secretary, Nyamira County
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause E031 of 2020
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Preliminary Objections and Directions
- Outcome
- Further submissions ordered on jurisdiction, limitation, and conciliation; no final determination on merits.
- Legal Topics
- Jurisdiction of Employment Court, Statutory Limitation Periods, Conciliation Requirements, Constitutional Labour Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Government Workers Union
Applicant
County Government of Nyamira
Respondent
Nyamira County Public Service Board
Respondent
County Secretary, Nyamira County
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Preliminary Objections and Directions
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction in light of Article 234(2)(i) of the Constitution and relevant statutes.
- 2 Whether the cause of action is statute/time barred given the accrual in 2012.
- 3 Whether the dispute was subjected to conciliation as required under the Labour Relations Act before being filed in court.
Ratio Decidendi
The Court declined to proceed to the merits of the case, having noted that the Union failed to address the jurisdictional question as previously directed. The Court emphasized that it must first satisfy itself as to its jurisdiction, including whether the dispute was properly subjected to conciliation and whether the claim is time-barred. The Union was therefore directed to file submissions specifically addressing (a) the jurisdictional question under Article 234(2)(i) of the Constitution and relevant statutes, (b) whether the cause of action is statute/time barred, and (c) whether the dispute was taken through conciliation as required by the Labour Relations Act. The determination of the...
Court Disposition
Further submissions ordered on jurisdiction, limitation, and conciliation; no final determination on merits.
Orders
- The Union is directed to file submissions on the jurisdictional question, limitation period, and conciliation before 26 January 2022.
- Ruling on the Union's motion to introduce more documents is deferred until after determination of the preliminary issues.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. E031 OF 2020
KENYA COUNTY GOVERNMENT WORKERSUNION CLAIMANT
v
COUNTY GOVERNMENT OF NYAMIRA 1st RESPONDENT
NYAMIRA COUNTY PUBLIC SERVICEBOARD 2nd RESPONDENT
COUNTY SECRETARY, NYAMIRACOUNTY 3rd RESPONDENT
RULING
1. The Kenya County Government Workers Union (the Union) sued the Respondents on 23 December 2020 seeking orders:
(a) An order compelling the Respondents to pay the Claimants members as per the report of the Transitional Authority and Intergovernmental Relations Technical Committee.
(b) An order compelling the Respondents to pay the Claimants members a total of Kshs One hundred and seventy nine million and sixty two thousand five hundred and ninety six (Kshs 179,062,596/-).
(c) A declaration that the Respondents violated the Claimants rights under Articles 40 and 41 of the Constitution, 2010.
(d) Exemplary damages.
(e) An order that the Respondents shall pay general damages for the violation of the Claimant’s members constitutional rights and other legal guarantees.
(f) Costs of the suit.
(g) Interest on prayers (b), (d) and (f) above at court rates.
2. Despite service of Summons and Statement of Claim, the Respondents did not enter Appearance or file Responses.
3. On 6 October 2021, the Court directed the Union to file submissions on a jurisdictional question arising from Article 234(2)(i) of the Constitution as read with section 77 of the County Governments Act and sections 85, 86 and 87 of the Public Service Commission Act.
4. The Union filed the submissions on 24 November 2021 but it did not address the jurisdictional question. The submissions were on the merits of the Cause.
5. Further, the Union filed a Motion seeking leave to introduce more documents. The Motion can only be determined after the Court renders itself on the jurisdictional questions.
6. The Court will therefore direct the Union, once again to file submissions:
(a) On the jurisdictional question.
(b) Whether the cause of action is statute/time barred considering that the cause of action accrued in 2012.
(c) Whether the dispute was taken through conciliation as envisaged under the Labour Relations Act before the Court was moved.
7. The submissions to be filed before 26 January 2022 and Ruling to be delivered on 16 February 2022.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 19TH DAY OF JANUARY 2022.
RADIDO STEPHEN,MCIArb
JUDGE
Appearances
For Union Benard Odero & Co. Advocates
Respondents did not participate
Court Assistant Chrispo Aura