[2017] KEELRC 1651 (KLR)
The court found that the prayers sought by the Claimant were omnibus and revolved around the core issue of the Claimant's membership status within the Respondent's establishment. The court held that these substantive issues could not be determined at the interlocutory stage and declined to grant the orders sought....
Source-derived case information.
- Citation
- [2017] KEELRC 1651 (KLR)
- Parties
- Claimant: Kenya Union of Entertainment and Music Industry Employees; Respondent: Bomas of Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2066 of 2015
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- interlocutory application dismissed
- Judges
- L Ndolo
- Legal Topics
- Union Recognition, Collective Bargaining Agreements, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment and Music Industry Employees
Claimant
Bomas of Kenya Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Cabinet Secretary for East Africa Community, Labour and Social Security should be enjoined as an interested party.
- 2 Whether the Cabinet Secretary and Deputy Registrar should be restrained from registering any CBA between the Respondent and any union other than the Claimant.
- 3 Whether the operation of any CBA between the Respondent and any other union registered after 8th December 2016 should be stayed.
Ratio Decidendi
The court found that the prayers sought by the Claimant were omnibus and revolved around the core issue of the Claimant's membership status within the Respondent's establishment. The court held that these substantive issues could not be determined at the interlocutory stage and declined to grant the orders sought. The court directed the parties to set down the main claim for hearing on a priority basis, emphasizing that the proper forum for resolving the underlying disputes was the substantive hearing rather than through piecemeal interlocutory applications.
Court Disposition
interlocutory application dismissed
Orders
- The Claimant's application dated 24th October 2016 is declined.
- Parties are directed to set down the main claim for hearing on a priority basis.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 2066 OF 2015
KENYA UNION OF ENTERTAINMENT
AND MUSIC INDUSTRY EMPLOYEES….……………………………..………………….CLAIMANT
VERSUS
BOMAS OF KENYA LIMITED…………………………………………………………..RESPONDENT
RULING
1. The Claimant’s application brought by Notice of Motion dated 24th October 2016 seeks the following orders:
a) That the Cabinet Secretary for East Africa Community, Labour and Social Security be enjoined as an interested party in these proceedings;
b) That the Cabinet Secretary for East Africa Community, Labour and Social Security and the Deputy Registrar of the Court be restrained from processing for registration any CBA between the Respondent and any other union apart from the Claimant;
c) That the Court be pleased to issue orders staying the operation of any CBA between the Respondent and any other union registered after the orders granted by the Court on 8th December 2016;
d) That the Court issues orders summoning the General Manager of the Respondent to show cause why he should not be committed to civil jail for contempt of court.
2. In a replying affidavit sworn by the Respondent’s Human Resource Officer, Jimmy Okidiang’i on 21st November 2016 it is deponed that the Claimant has delayed the hearing of the main claim in this matter by filing multiple applications.
3. It is further deponed that the Claimant has consistently lost its members to the Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA). The Respondent therefore issued a notice to revoke the Recognition Agreement between itself and the Claimant. Subsequent to this the Respondent entered into a Recognition Agreement with KUDHEIHA pursuant to which a Collective Bargaining Agreement was concluded.
4. The Respondent denies being served with the orders the Claimant states have been violated.
5. I have considered the Claimant’s application and find that the prayers sought which are omnibus in nature revolve around the Claimant’s membership status within the Respondent’s establishment. It is my view that the issues raised in the application cannot be determined at the interlocutory stage. I therefore decline to grant any further orders and direct the parties to set down the main claim for hearing on priority basis.
6. I make no order for costs.
7. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 10THDAY OF MARCH 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Mucuha (Union Representative) for the Claimant Mr. Njiru for the Respondent