[2014] KEELRC 2 (KLR)
The court held that a union's right to represent an employee in legal proceedings is based on the employee's membership in the union, not on the existence of a recognition agreement with the employer. The court found that the claimant union had specifically pleaded and proved, through affidavit evidence, that Mr....
Source-derived case information.
- Citation
- [2014] KEELRC 2 (KLR)
- Parties
- Claimant: Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVAVO); Respondent: Tailors and Textiles Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 171 of 2008
- Procedural Posture
- Employment Cause / Preliminary Objection Ruling
- Outcome
- preliminary objection dismissed
- Legal Topics
- Union Locus Standi, Employee Representation, Recognition Agreement, Union Membership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVAVO)
Claimant
Tailors and Textiles Workers Union
Respondent
Procedural Posture
Employment Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the claimant union has locus standi to represent Mr. Cosmas Okongo Orowe in the absence of a recognition agreement with the respondent.
- 2 Whether union membership must be specifically pleaded and proved to establish right of representation.
Ratio Decidendi
The court held that a union's right to represent an employee in legal proceedings is based on the employee's membership in the union, not on the existence of a recognition agreement with the employer. The court found that the claimant union had specifically pleaded and proved, through affidavit evidence, that Mr. Cosmas Okongo Orowe was a member of the union. Therefore, the claimant union had locus standi to represent the grievant. The preliminary objection raised by the respondent was dismissed, and the matter was ordered to proceed to trial on its merits.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed.
- The matter is to proceed to trial on the merits.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 171 OF 2008
KENYA UNION OF EMPLOYEES OF VOLUNTARY
AND CHARITABLE ORGANIZATIONS
(KUEVAVO) .................................................................... CLAIMANT
VERSUS
TAILORS AND TEXTILES
WORKERS UNION ................................................ RESPONDENT
Mrs Guserwa for the Objector/Respondent
Mr. Otieno Janitor for the Claimant union
RULING
1. The Respondent, Tailors and Textiles Workers Union has raised a preliminary objection in its’ Response dated 24th July 2013 to the amended statement of claim.
2. The objection is to the effect that,
“The Claimants having no Recognition Agreement with the Respondents have no right to sue on behalf of one Mr. Cosmas Okongo Orowe.”
3. In my Ruling dated 13th August 2013, I found that;
“Locus Standiby a union to represent an employee is founded on membership.”
4. I also found that;
“the fact of membership needs to be specifically pleaded in the statement of claim because it gives a union the right of representation in an area that would otherwise be a preserve for advocates of the High Court.”
5. I went ahead in view of the said ruling to grant the Claimant union herein opportunity to tender evidence to prove membership of Mr. Cosmas Okongo Orowe to the union which it proceeded to do via an Affidavit filed on 28th August 2013.
6. Upon a careful perusal of the affidavit of Mr. Odin Boaz Otieno and all the annexures thereto, the Court is satisfied that the union has Locus Standi to represent the Grievant herein since he has a long history with the union and therefore a member thereof.
The preliminary objection is dismissed and the matter is to proceed to trial on the merits.
Dated and Delivered at Nairobi this 16th day of May, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE