[2014] KEELRC 1315 (KLR)

[2014] KEELRC 1315 (KLR)

The Court found that while the Claimant, as a trade union, has standing to bring employment and labour relations matters before the Industrial Court, there was no direct nexus between the Claimant and the Respondents in this case. The cause of action related to the award of a contract, and the orders sought were not enforceable against the Respondents in the context of employment and labour relations as required by section 12 of the Industrial Court Act. The use of Civil Procedure Rules was not fatal to the proceedings, as the Court may borrow from other statutes where necessary. However, the lack of a direct legal or factual link between the Claimant's interests and the Respondents'...

Citation
[2014] KEELRC 1315 (KLR)
Parties
Applicant: Kenya National Private Security Workers Union; Respondent: National Social Security Fund; Respondent: Total Security Surveillance Services Limited; Interested Party: Bob Morgan Security Services Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
7 October 2014
Case Number
Cause 1264 of 2014
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection allowed; suit struck out
Judges
M Mbarũ
Legal Topics
Jurisdiction of Employment Court, Locus Standi of Trade Unions, Application of Civil Procedure Rules, Enforcement of Wage Orders
Source Language
English
Employment and Labour Jurisdiction of Employment Court Locus Standi of Trade Unions Application of Civil Procedure Rules Enforcement of Wage Orders

Case Brief

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Parties

Kenya National Private Security Workers Union

Applicant

National Social Security Fund

Respondent

Total Security Surveillance Services Limited

Respondent

Bob Morgan Security Services Limited

Interested Party

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Industrial Court has jurisdiction to hear and determine the matter.
  2. 2 Whether the application of the Civil Procedure Act and Rules is fatal to the proceedings.
  3. 3 Whether the Claimant has locus standi to institute the proceedings.

Ratio Decidendi

The Court found that while the Claimant, as a trade union, has standing to bring employment and labour relations matters before the Industrial Court, there was no direct nexus between the Claimant and the Respondents in this case. The cause of action related to the award of a contract, and the orders sought were not enforceable against the Respondents in the context of employment and labour relations as required by section 12 of the Industrial Court Act. The use of Civil Procedure Rules was not fatal to the proceedings, as the Court may borrow from other statutes where necessary. However, the lack of a direct legal or factual link between the Claimant's interests and the Respondents'...

Court Disposition

preliminary objection allowed; suit struck out

Orders

  • The suit/cause as filed is struck out.
  • Each party will bear their own costs.