[2018] KEELRC 1284 (KLR)
The court found that the applicant, as National Chairman of the claimant union, had a valid interest in the proceedings because he alleged that the claim was filed without the authority of the National Executive Council, contrary to the union's constitution. The court recognized the potential financial risk to the...
Source-derived case information.
- Citation
- [2018] KEELRC 1284 (KLR)
- Parties
- Claimant: Kenya National Union of Nurses; Respondent: Salaries & Remuneration Commission; Respondent: Moi Teaching and Referral Board; Respondent: Council of Governors; Respondent: Public Service Commission; Respondent: Attorney General; Respondent: County Public Service Board Consultative Forum; Applicant: John K. Bii
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause Cause1998 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder as Interested Party
- Outcome
- application for joinder as interested party allowed
- Judges
- DI Wasike
- Legal Topics
- Joinder of Parties, Union Governance, Authority to Institute Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Union of Nurses
Claimant
Salaries & Remuneration Commission
Respondent
Moi Teaching and Referral Board
Respondent
Council of Governors
Respondent
Public Service Commission
Respondent
Attorney General
Respondent
County Public Service Board Consultative Forum
Respondent
John K. Bii
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the applicant should be enjoined as an interested party in the proceedings.
- 2 Whether the claim was filed without proper authority from the claimant's National Executive Council.
Ratio Decidendi
The court found that the applicant, as National Chairman of the claimant union, had a valid interest in the proceedings because he alleged that the claim was filed without the authority of the National Executive Council, contrary to the union's constitution. The court recognized the potential financial risk to the union if the suit was not properly authorized, including exposure to costs. On this basis, the court exercised its discretion to allow the applicant to be enjoined as an interested party to safeguard both his and the union's interests in the litigation.
Court Disposition
application for joinder as interested party allowed
Orders
- The applicant Mr John K. Bii is hereby enjoined as an interested party in these proceedings.
- Costs in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CASE NO 1998 OF 2017
KENYA NATIONAL UNION OF NURSES..................................CLAIMANT
VERSUS
SALARIES & REMUNERATION COMMISSION.........1ST RESPONDENT
MOI TEACHING AND REFERRAL BOARD................2ND RESPONDENT
COUNCIL OF GOVERNORS...........................................3RD RESPONDENT
PUBLIC SERVICE COMMISSION.................................4TH RESPONDENT
ATTORNEY GENERAL....................................................5TH RESPONDENT
COUNTY PUBLIC SERVICE BOARD
CONSULTATIVE FORUM................................................6TH RESPONDENT
RULING
1. By a Notice of Motion dated 27th October, 2017, the applicant Mr John K. Bii applied to be enjoined in these proceedings as an interested party.
2. The application was supported by his own affidavit and based on similar grounds as those expounded to in the supporting affidavit. The applicant states that he is the National Chairman of the claimant and as a key member of the National Executive Council he was not involved in the decision to file the claim. He further contended that no resolution of the National Executive Council was passed to file the claim. The claim was therefore a breach of the claimant’s Union Constitution, which required that for a case of this magnitude to be filed in court, the National Executive Council of the claimant must meet and pass a resolution authorizing the same.
3. Litigation is an expense in terms of legal and court fees. Further, there is the issue of costs if the suit does not succeed. If it be true as alleged that the General Secretary of the claimant brought this claim without the authority of the National Executive Council, then there is foreseeable risk that if the case does not succeed the claimant union may be called upon to pay costs of a suit it never authorised.
4. In the circumstances, the court is persuaded that the applicant has raised a valid interest in the claim and hereby allows the application as prayed.
5. Costs in the cause.
6. It is ordered.
Dated at Nairobi this 9th day of August, 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 9th day of August, 2018
Abuodha J. N.
Judge
In the presence of:-
…………………………………...…… for the Claimant
………………………………………. for the Respondent