[2013] KEELRC 148 (KLR)
The court held that it was functus officio, having already rendered its decision and partly executed the award based on Gazette Notice No. 4336 and Section 49(1) of the Labour Relations Act. There was no pending claim to which the applicants could be joined. The proper procedure for challenging the Minister's order...
Source-derived case information.
- Citation
- [2013] KEELRC 148 (KLR)
- Parties
- Applicant: Kenya Union of Entertainment and Music; Respondent: The Bomas of Kenya; Appellant: Omar Omondi Vincent and 119 Others
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 759 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Parties
- Outcome
- application for joinder rejected
- Legal Topics
- Joinder of Parties, Agency Fees, Trade Union Dues, Collective Bargaining Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment and Music
Applicant
The Bomas of Kenya
Respondent
Omar Omondi Vincent and 119 Others
Appellant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the 120 employees can be joined as interested parties to a dispute that has already been concluded.
- 2 Whether the court has jurisdiction to entertain the application after the award has been made and partly executed.
- 3 Whether the proper procedure for challenging the Minister's order is by joinder or by filing a fresh claim.
Ratio Decidendi
The court held that it was functus officio, having already rendered its decision and partly executed the award based on Gazette Notice No. 4336 and Section 49(1) of the Labour Relations Act. There was no pending claim to which the applicants could be joined. The proper procedure for challenging the Minister's order was to file a fresh claim against the Minister and the union, not to seek joinder in a concluded dispute. Accordingly, the application for joinder was rejected.
Court Disposition
application for joinder rejected
Orders
- The application dated 19th August 2013 for joinder of interested parties is rejected.
- Applicants may file a fresh claim against the Minister and the union if they wish to challenge Gazette Notice No. 4336.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 759 Of 2012
BETWEEN
KENYA UNION OF ENTERTAINMENT AND MUSIC........................…………….…….CLAIMANT
VERSUS
THE BOMAS OF KENYA ….…………...............................…………………………RESPONDENT
AND
OMAR OMONDI VINCENT AND 119 OTHERS…………………………….INTERESTED PARTIES
Rika J
CC. Kidemi
Mr Mucuha for the Claimant
Mr Masese for the Respondent
Mr Enonda for Intended Interested Parties
RULING
120 Employees of the Respondent seek by their Application dated 19th August 2013, to be enjoined to the Claim as Interested Parties.
They state that the Court gave orders against the Respondent, requiring the Respondent to remit payment of trace union dues and agency fees.
The Application is opposed. The Union filed a Reply to the Notice of Motion on 23rd September 2013.
The Court Finds and Orders:
The Award of the Court is based on Gazette Notice No. 4336 dated 21st March 2012. The Order for deduction of agency fees from the wages of each Unionisable Employee, who is not a Member of the Union, but who is covered by the CBA RCA 334 of 2001, was given by the Minister for Labour under Section 49 (1) of the Labour Relations Act No. 14 of 2007.
The 120 Employees seek to be joined to a dispute that is concluded. The Court does not think this is proper. There is no pending Claim, to which the applicants can be added, and participate, proceeding having closed, decision made and Award partly executed.
The Applicants seek to challenge the Minister’s Order contained in Gazette Notice No. 4336. They should do so by filing fresh claim against the Minister and the Union. This Court is functus officio, and rejects the application dated 19th August 2013.
Dated and delivered at Nairobi this 30th day of September 2013
James Rika
Judge