[2019] KEELRC 1419 (KLR)
The court found that the respondent failed to provide any submissions or reasons to support its preliminary objection regarding the claimant's locus standi. As a result, the objection was disallowed, and the matter was ordered to proceed to trial on its merits. The court emphasized that objections must be...
Source-derived case information.
- Citation
- [2019] KEELRC 1419 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food and Allied Workers; Respondent: SEB Estates Limited / Security Division
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 666 of 2014
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed; suit to proceed to trial on merits
- Judges
- DI Wasike
- Legal Topics
- Locus Standi, Trade Union Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial, Food and Allied Workers
Applicant
SEB Estates Limited / Security Division
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claimant union had locus standi to file the claim on behalf of the grievants.
Ratio Decidendi
The court found that the respondent failed to provide any submissions or reasons to support its preliminary objection regarding the claimant's locus standi. As a result, the objection was disallowed, and the matter was ordered to proceed to trial on its merits. The court emphasized that objections must be substantiated to be considered.
Court Disposition
preliminary objection dismissed; suit to proceed to trial on merits
Orders
- The preliminary objection is disallowed.
- The suit shall proceed to trial on merits.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 666 OF 2014
KENYA UNION OF COMMERCIAL,
FOOD AND ALLIED WORKERS.........................CLAIMANT
VERSUS
SEB ESTATES LIMITED
/SECURITY DIVISION..............................RESPONDENT
RULING
1. By a notice dated 16th February, 2015 the respondent raised a preliminary objection that the claimant had no locus standi to file the claim on behalf of the grievants.
2. The respondent did not file any submissions or disclose on the face of the preliminary objection why it contended that the claimant had no locus standi to file the present application.
3. The objection as filed is therefore disallowed and the suit shall proceed to trial on merits.
4. It is so ordered.
Dated at Nairobi this 31st day of May, 2019
Abuodha J. N.
Judge
Delivered this 31st day of May, 2019
Maureen Onyango
Principal Judge
In the presence of:-
............................................for the Claimant and
............................................for the Respondent.