[2018] KECA 390 (KLR)
The Court of Appeal found that there was no valid Notice of Appeal lodged against the ruling of the Employment and Labour Relations Court made on 21st March 2013. Without such a notice, the Court lacked jurisdiction to entertain the appeal. Furthermore, the appellant Union's standing was in question as its members...
Source-derived case information.
- Citation
- [2018] KECA 390 (KLR)
- Parties
- Appellant: Kenya Game Hunting & Safaris Workers Union; Respondent: Southern Cross Safaris
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 143 of 2014
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal struck out for want of jurisdiction.
- Judges
- AM Githinji, GG Okwengu, S ole Kantai
- Legal Topics
- Union Membership Disputes, Locus Standi, Notice of Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Game Hunting & Safaris Workers Union
Appellant
Southern Cross Safaris
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether there was a valid Notice of Appeal lodged against the ruling of 21st March 2013.
- 2 Whether the appellant Union had locus standi to represent members who had left the Union.
- 3 Whether the Court of Appeal had jurisdiction to entertain the appeal.
Ratio Decidendi
The Court of Appeal found that there was no valid Notice of Appeal lodged against the ruling of the Employment and Labour Relations Court made on 21st March 2013. Without such a notice, the Court lacked jurisdiction to entertain the appeal. Furthermore, the appellant Union's standing was in question as its members had left, casting doubt on its ability to represent any members. The absence of jurisdiction was dispositive, and the appeal was struck out accordingly.
Court Disposition
Appeal struck out for want of jurisdiction.
Orders
- The appeal is struck out.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GITHINJI, OKWENGU & KANTAI, JJ.A)
CIVIL APPEAL NO. 143 OF 2014
KENYA GAME HUNTING &
SAFARIS WORKERS UNION...............APPELLANT
AND
SOUTHERN CROSS SAFARIS..........RESPONDENT
(Being an appeal against the Ruling and Order in the Industrial Court
(Nzioki Wa Makau, J) given on 21stMarch, 2013
in
Industrial Cause No. 1084 of 2012)
**********************
JUDGMENT OF THE COURT
There are two Notices of Appeal filed by the appellant Kenya GameHunting and Safaris Workers Union. One is dated 14th June 2013 lodgedat the Industrial Court Registry at Nairobi on 18th June, 2013 and it is saidto be against the judgment of Justice Nzioki Wa Makau given on 7th June2013. The other one was dated 8th November, 2013 and was lodged in thatcourt on 11th December, 2013 and it is said to be against the judgment ofthe same judge given on 8th November, 2013.
The Memorandum of Appeal filed here which is in the formatusually adopted in claims filed at the Employment & Labour RelationsCourt is said to be an appeal against the ruling and order of the said judgegiven on 21st March 2013.
We have perused the whole record. We note that the said judgedelivered a ruling on 21st March 2014 where he made certain findings on alabour dispute between the appellant and the respondent Southern CrossSafaris.
When this appeal came up for hearing before us on 10th November,2016 Mr. Josephat Mailu Ndolo who described himself as the GeneralSecretary of the appellant decried the fact that the respondent had forcedhis members to leave his Union to which he is the General Secretary. Ineffect he was saying that the Union has no members and it was doubtfulthat he hadlocus standito represent members who had deserted hisUnion. As properly pointed out by Miss Lorraine Oyombe learnedcounsel for the appellant, there is no valid appeal before us as there was noNotice of Appeal lodged against the ruling in the Employment and LabourRelations Court made on 21st March, 2013.
In the circumstance we have no jurisdiction to entertain this appealand it is accordingly struck out. In the circumstances where Mr. Ndoloappears for non-existent members we think the proper order on costs isthat each party bears its own costs. It is so ordered.
Delivered and Dated at Nairobi this 27thday of July, 2018.
E. M. GITHINJI
.....................................
JUDGE OF APPEAL
H. M. OKWENGU
.....................................
JUDGE OF APPEAL
S. ole KANTAI
....................................
JUDGE OF APPEAL
I certify that this is atrue copy of the original.
DEPUTY REGISTRAR