[2015] KEELRC 1431 (KLR)
The court found that although there may have been an initial failure to comply with the court order, the applicant did not establish that such failure was willful or intended to bring the court into contempt. The Principal Secretary, Ministry of Health, demonstrated good faith by stopping the deductions as soon as...
Source-derived case information.
- Citation
- [2015] KEELRC 1431 (KLR)
- Parties
- Applicant: Kenya National Union of Nurses; Respondent: The Attorney General (for Secretary and all Commissioners to the Public Service Commission and the Permanent Secretary, Ministry of Health); Interested Party: Union of Kenya Civil Servants
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1570 of 2013
- Procedural Posture
- Contempt Application / Ruling on Notice of Motion for Contempt
- Outcome
- application dismissed
- Legal Topics
- Union Dues Deduction, Contempt of Court, Public Service Employment, Inter Union Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Union of Nurses
Applicant
The Attorney General (for Secretary and all Commissioners to the Public Service Commission and the Permanent Secretary, Ministry of Health)
Respondent
Union of Kenya Civil Servants
Interested Party
Procedural Posture
Contempt Application / Ruling on Notice of Motion for Contempt
Legal Issues
- 1 Whether the Secretary of the Public Service Commission and the Principal Secretary, Ministry of Health willfully disobeyed court orders regarding union dues deductions.
- 2 Whether the applicant is entitled to a refund of union dues remitted to the Interested Party.
- 3 Whether the deductions of union dues from the applicant's members are now the responsibility of county governments.
Ratio Decidendi
The court found that although there may have been an initial failure to comply with the court order, the applicant did not establish that such failure was willful or intended to bring the court into contempt. The Principal Secretary, Ministry of Health, demonstrated good faith by stopping the deductions as soon as the court order came to his attention. The responsibility for union dues deductions now lies with the county governments, as the affected health workers are paid directly by them. The court also found no sufficient proof to grant a refund of deductions made to the Union of Kenya Civil Servants. Consequently, the application for contempt and refund was dismissed.
Court Disposition
application dismissed
Orders
- The application for contempt is dismissed.
- The prayer for refund of deductions made to the Union of Kenya Civil Servants is refused for want of proof.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1570 OF 2013
KENYA NATIONAL UNION OF NURSES……………CLAIMANT
VERSUS
THE ATTORNEY GENERAL
Acting for
1. The Secretary and all Commissioners to
The Public Service Commission
2. The Permanent Secretary
The Ministry of Health…………………………….…..RESPONDENT
UNION OF KENYA CIVIL SERVANTS………….INTERESTED PARTY
Mr. Enonda for Claimant/Applicant
M/s Chesina for Respondent
M/s Ligunya for Interested Party
RULING
1. Kenya National Union of Nurses, aggrieved by the failure by the Secretary of the Public Service Commission and the Principal Secretary, Ministry of Health to effect an interim order of the court to stop deducting union dues from its members and remitting them to the Union of Kenya Civil Servants (UKCS), moved the court by an urgent Notice of Motion dated 22nd January, 2014 on the same date seeking orders inter alia to;
(i) cite the Secretary of the Public Service Commission and the Principal Secretary, Ministry of Health for contempt of the court orders issued on 6th December, 2013.
2. Facts of the Case
From the papers filed on record and the submissions by the parties, the court has arrived at the following findings of fact;
1. The affected members of the Applicant Union work under the Ministry of Health.
2. That the said health workers have been deployed to serve under the 47 counties and are paid directly by the county governments.
3. That the Ministry of Health had prior to the transfer been served with a court order to effect deductions of union dues, the subject of the dispute and had in fact deducted and remitted to the Interested Party Union dues for one month.
4. That the Ministry of Health stopped effecting the deductions and by a letter dated 28th January, 2014 the Principal Secretary of the Ministry of Health wrote to the Attorney General’s Office confirming that the Ministry had complied with the order issued by the court.
5. It is the court’s considered view that, even if there was an initial failure to comply with the court order, the Applicant has not established that such failure was willful and intended to bring the court into contempt.
6. Indeed the Principal Secretary, Ministry of Health demonstrated good faith in stopping the said deductions as soon as the court order came into his attention.
7. The deductions of the union dues from the members of the Applicant is now a matter that squarely lies between the Union and the 47 county governments.
8. The Interested Party is cajoled to exercise good faith and refrain from unduly benefitting from members who have willfully chosen to migrate to the Applicant Union. Any action to the contrary will be inimical to harmonious and good labour relations in the public Service.
9. The prayer for refund of deductions made to the Union of Kenya Civil Servants(UKCS) is refused for want of proof.
10. The Application is dismissed with no order as to costs.
Dated and Delivered at Nairobi this 25th day of February, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE