[2019] KEELRC 2054 (KLR)
The court found that the issue of deduction and remittance of union dues was the core subject of the original suit and had already been determined by the court, followed by a consent between the parties. As such, the matter is res judicata, and the court lacks jurisdiction to reopen or amend the pleadings to...
Source-derived case information.
- Citation
- [2019] KEELRC 2054 (KLR)
- Parties
- Applicant: Kenya National Union of Nurses; Respondent: Murang’a County Public Service Board; Respondent: Murang’a County Government
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 34 of 2018
- Procedural Posture
- Cause / Ruling on Motion to Amend Pleadings
- Outcome
- application dismissed
- Judges
- AN Makau
- Legal Topics
- Union Dues, Res Judicata, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Union of Nurses
Applicant
Murang’a County Public Service Board
Respondent
Murang’a County Government
Respondent
Procedural Posture
Cause / Ruling on Motion to Amend Pleadings
Legal Issues
- 1 Whether the claimant can amend pleadings to introduce claims for union dues not previously included.
- 2 Whether the matter is res judicata due to prior determination and consent between parties.
Ratio Decidendi
The court found that the issue of deduction and remittance of union dues was the core subject of the original suit and had already been determined by the court, followed by a consent between the parties. As such, the matter is res judicata, and the court lacks jurisdiction to reopen or amend the pleadings to introduce further claims on the same issue. The application by the claimant was therefore declined, with no order as to costs.
Court Disposition
application dismissed
Orders
- The claimant's application to amend pleadings is declined.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 34 OF 2018
KENYA NATIONAL UNION OF NURSES..................................CLAIMANT
VERSUS
MURANG’A COUNTY PUBLIC SERVICE BOARD.....1ST RESPONDENT
MURANG’A COUNTY GOVERNMENT.......................2ND RESPONDENT
RULING
1. The Motion by the Claimant is one that seek essentially to amend pleading to introduce what Mr. Okach for the Claimant/Applicant calls dues that were not remitted and which were not included in the payment pursuant to the determination of the Claimant’s Motion.
2. The Respondent is opposed and Mr. Kamau submits that the issue is res judicata, as the issue was focal in the contempt application and was part of the compromise of the parties. The Respondents they urge the dismissal of the Motion with costs. They place reliance of the Court of Appeal decision in John Florence Maritime Services Ltd & Another v Cabinet Secretary for Transport and Infrastructure &3 Others [2015] eKLR as well as the case of George Omondi & Another v National Bank of Kenya & 2 Others [2001] eKLR.
3. The issue subject of the correct Motion is quite obviously the deduction and remittance of Union dues. That is the core of the suit that was filed, and comprised the main Motion before the Court. The determination of that issue in the cause before me renders it res judicata. Res, judicata is later for a then adjudged. So far, this Court is yet to come across a situation where precious Judicial time is to be saved by reviving a suit that is settled, including such a situation and this where there is a determination by Court and a subsequent consent by parties. I cannot reopen this suit in my way as the issues very advanced are res judicata. I have no jurisdiction to do so and I decline the Claimant’s application. However, there will be no order as to costs.
It is so ordered.
Dated and delivered at Nyeri this 15th day of March 2019
Nzioki wa Makau
JUDGE
I certify that this is a true copy of the Original
Deputy Registrar