[2013] KEHC 3732 (KLR)
The court found that the claimant union had received the full judgment sum from the respondent for the benefit of the grievants but had failed to remit the respective amounts to them. There was no dispute as to the amounts due, and the union's attempt to deduct one third or any amount as union dues was not supported...
Source-derived case information.
- Citation
- [2013] KEHC 3732 (KLR)
- Parties
- Claimant: Kenya Union of Entertainment and Music Employee; Respondent: M/s Vanguard Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 842 of 2010
- Procedural Posture
- Cause / Ruling on Notice of Motion for Enforcement of Judgment and Prevention of Deductions
- Outcome
- application allowed
- Legal Topics
- Union Dues, Judgment Enforcement, Employee Entitlements, Deductions From Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment and Music Employee
Claimant
M/s Vanguard Limited
Respondent
Procedural Posture
Cause / Ruling on Notice of Motion for Enforcement of Judgment and Prevention of Deductions
Legal Issues
- 1 Whether the claimant union is entitled to withhold or deduct any portion of the judgment sum payable to the grievants as union dues or otherwise.
- 2 Whether the claimant union should be compelled to pay the specific amounts awarded by the court to the individual grievants without deductions.
- 3 Whether the actions of the claimant union amount to contempt or subversion of the court's judgment.
Ratio Decidendi
The court found that the claimant union had received the full judgment sum from the respondent for the benefit of the grievants but had failed to remit the respective amounts to them. There was no dispute as to the amounts due, and the union's attempt to deduct one third or any amount as union dues was not supported by the judgment or any legal provision. The court held that such deductions would defeat the purpose of the judgment and undermine the authority of the court. Accordingly, the court ordered the union to pay the specified amounts to each grievant without any deductions and barred the union from making any such deductions in the future.
Court Disposition
application allowed
Orders
- The claimant union shall pay the following amounts to the respective grievants: Johnson Maina Gichago - Kshs. 73,333.00; Wilfred Ochieng Akiki - Kshs. 26,667.00; Jane Karuga - Kshs. 74,667.00; Florence Gichago - Kshs. 39,667.00; Irene Siyatta - Kshs. 25,060.00.
- The claimant union is barred from deducting one third or any deductions whatsoever from the grievants' entitlements as union dues or at all.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Cause 842 of 2010 [if gte mso 9]><![endif]
KENYA UNION OF ENTERTAINMENT AND
MUSIC EMPLOYEE…………….………………………………………………..CLAIMANT
VERSUS
M/S VANGUARD LIMITED………………………………….…………….RESPONDENT
RULING.
By a Notice of Motion dated the 19th October, 2012 the grievants moved this court for the following orders 1. That the claimant be ordered to pay the five grievants their money which the Respondent forwarded to the Claimant, and which the Claimant has converted to its own use. 2. The Claimant be barred from deducting one third of each grievants entitlement and from deducting alleged “union dues” since the grievants were contributing to the union through monthly deductions of their salaries. 3. Any other directions which the Honourable Court may wish to give to prevent the Claimant from subverting the judgement of this Honourable Court delivered on 9th December, 2010 (Hon. Justice Kosgei), and prevent the Secretary General of the Claimant from abusing his office. The application is grounded on the following grounds; 1. The Claimant was paid by the Respondents the calculated dues of the grievants as ordered by the Court but has refused to forward the same to the said grievants. 2. The Secretary General of the Claimant says that even if the money was to be paid, one third of it will go to the Claimant, and another amount will be deducted as union “Union dues” but the said judgment of this Honourable Court does not provide for these spurious deductions. 3. If the orders are not granted, the effect will be to defeat the said judgment, give rise to contempt of Court orders, and bring the dignity of the court into disrepute. 4. The affidavit of JOHNSTON GICHAGO. and is supported by the affidavit of Johnston Gichago sworn on 19th October, 2012 The respondent through the Assistant Secretary General of the claimant filed a replying affidavit sworn on 2nd November, 2012 on 6thinstant and agreed with the claim as per the Notice of Motion. These sentiments were repeated at the hearing and he submitted that he would leave the matter to court for determination. The grievants submissions are that this application arises out of Industrial Court Cause No. 842 of 2010 of the same parties where judgement was entered in favour of these five grievants and others. That these grievants being part of the fourteen to whom judgement was entered are entitled to the fruits of their judgement and claim the same from the claimant/respondent. The claimant/respondent was paid the entire amount of Kshs. 336,071. 00 by the respondent but has defaulted in remitting the grievant’s share to themselves. There does not appear to be any dispute regarding dues to the grievant/applicants. These are not denied or opposed, or at all. I therefore order the respondent union to pay the grievants/ applicants their dues as follows;
a). Johnson Maina Gichago - Kshs. 73,333. 00
b). Wilfred Ochien gAkiki - Kshs. 26,667. 00
c). Jane Karuga - Kshs. 74,667. 00
d). Florence Gichago - Kshs. 39,667. 00
e). Irene Siyatta - Kshs. 25. 060. 00
Total - Kshs. 239,394. 00
2. That the claimant be and is hereby barred from deducting one third or any deductions whatsoever from the grievants entitlements as union dues or at all. 3. The costs of this application shall be borne by the respondent.
Dated and delivered the 24th day of April, 2013.
D.K. Njagi Marete
JUDGE
Appearances
1. E. N. Mugu instructed by E.N. Mugu & Company Advocates for the applicants
2. Erick Maurice Ochieng for the claimant/respondent.
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