[2017] KEELRC 1361 (KLR)
The court found that the Applicant sought final substantive orders through a miscellaneous application, which is procedurally improper as there was no valid claim before the court. Additionally, the supporting affidavit was inconsistent regarding the identity of the General Secretary, and there was no evidence that...
Source-derived case information.
- Citation
- [2017] KEELRC 1361 (KLR)
- Parties
- Applicant: Kenya National Union of Nurses; Respondent: Cabinet Secretary, East Africa Community Labour and Social Protection; Interested Party: Central Organization of Trade Unions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 43 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- L Ndolo
- Legal Topics
- Union Dues, Gazette Notice Variation, Labour Relations Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Union of Nurses
Applicant
Cabinet Secretary, East Africa Community Labour and Social Protection
Respondent
Central Organization of Trade Unions
Interested Party
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Applicant is entitled to orders compelling the Respondent to vary Legal Notice No 14611 of 2013 regarding union dues and bank account details.
- 2 Whether the application is properly before the court as a miscellaneous application without a valid claim.
- 3 Whether there is sufficient evidence that the proposed variation has been sanctioned by the Union Governing Organs.
Ratio Decidendi
The court found that the Applicant sought final substantive orders through a miscellaneous application, which is procedurally improper as there was no valid claim before the court. Additionally, the supporting affidavit was inconsistent regarding the identity of the General Secretary, and there was no evidence that the proposed variation had been approved by the Union's governing organs. The absence of a proper procedural foundation and lack of supporting evidence led the court to dismiss the application.
Court Disposition
application dismissed
Orders
- The Applicant’s application is dismissed with no order for costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISCELLANEOUS APPLICATION NO 43 OF 2017
KENYA NATIONAL UNION OF NURSES………...............................APPLICANT
VERSUS
CABINET SECRETARY, EAST AFRICA COMMUNITY
LABOUR AND SOCIAL PROTECTION………………………….RESPONDENT
CENTRAL ORGANIZATION OF TRADE UNIONS…..........INTERESTED PARTY
RULING
1. By a Miscellaneous Application dated 15th March 2017 the Applicant seeks orders compelling the Respondent to vary Legal Notice No 14611 of 2013 to reflect changes in respect of union dues payable to the Applicant and the Interested Party as well as the Applicant’s Bank Account.
2. The application which is supported by the affidavit of Tyson Kinoti Murungi sworn on 15th March 2017 is based on the following grounds:
a. That on 10th August 2016 the Applicant wrote to the Respondent submitting a schedule of union dues which schedule was gazetted by the Respondent contrary to Section 48 of the Labour Relations Act prompting the Applicant to seek variation of the Gazette Notice;
b. That on 25th November 2016, the Applicant wrote to the Respondent demanding that the variation be effected within seven (7) days which letter was not acted upon;
c. That on 8th February 2017, the Applicant wrote to the Respondent again requesting for a meeting to resolve the issue of variation but the matter remained unresolved.
I have considered the Applicant’s application and noted the following:
a. The Applicant seeks final orders by way of a miscellaneous application, the effect being that there is no valid claim before the Court;
b. In the supporting affidavit sworn by Tyson Kinoti Murungi on 15th March 2017, he describes himself as the Applicant’s General Secretary while the attached correspondence is signed by Seth Panyako as General Secretary;
There is no evidence that the proposed variation has been sanctioned by the Union Governing Organs and no basis has been laid for the proposed variation.
4. The Applicant’s application is therefore dismissed with no order for costs.
5. It is so ordered.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI
THIS 28THDAY OF APRIL 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Murungi (Union Representative) for the Claimant
No appearance for the Respondent
No appearance for the Interested Party