[2019] KEELRC 251 (KLR)
The court found that since the application in Cause No. 1630 of 2018 had been dismissed and the respondents' stated need for the documents was tied to that application, there was no longer any justification for the respondents to retain the union documents. The respondents were therefore directed to surrender the...
Source-derived case information.
- Citation
- [2019] KEELRC 251 (KLR)
- Parties
- Applicant: Kenya Union of Pre-Primary Education Teachers; Respondent: Jane Litunya; Respondent: Mark Ambitho
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 177 of 2019
- Procedural Posture
- Employment Cause / Ruling on Consolidation and Return of Documents
- Outcome
- Application for consolidation noted; respondents ordered to surrender union documents; suit to proceed to hearing.
- Judges
- DO Ogal
- Legal Topics
- Union Property Disputes, Document Surrender, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Pre-Primary Education Teachers
Applicant
Jane Litunya
Respondent
Mark Ambitho
Respondent
Procedural Posture
Employment Cause / Ruling on Consolidation and Return of Documents
Legal Issues
- 1 Whether the respondents are entitled to retain union documents after the related application in Cause No. 1630 of 2018 was dismissed.
- 2 Whether the suit should proceed to hearing following the dismissal of the related application.
Ratio Decidendi
The court found that since the application in Cause No. 1630 of 2018 had been dismissed and the respondents' stated need for the documents was tied to that application, there was no longer any justification for the respondents to retain the union documents. The respondents were therefore directed to surrender the documents to the claimant union, as they had no right to hold them. The suit was to be set down for hearing as the related application had been resolved.
Court Disposition
Application for consolidation noted; respondents ordered to surrender union documents; suit to proceed to hearing.
Orders
- The respondents shall surrender the union documents they are holding to the claimant union.
- The suit is to be set down for hearing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
AT NAIROBI
CAUSE 177 OF 2019
(Before Hon. Lady Justice Maureen Onyango)
KENYA UNION OF PRE-PRIMARY
EDUCATION TEACHERS..........APPLICANT/CLAIMANT
VERSUS
JANE LITUNYA.........................................1ST RESPONDENT
MARK AMBITHO....................................2ND RESPONDENT
RULING
This matter was to be mentioned for purposes of consolidation with Cause No. 1630 of 2018.
Since the application in Cause No. 1630 of 2018 has been dismissed and since there is already a ruling in this case by Wasilwa J. dated 26th June 2019, parties in this suit are directed to set down the suit for hearing.
The court however notes that the respondents herein stated that they needed the documents to use as evidence in Cause No. 1630 of 2018. Now that the application for leave to file suit in Cause No. 1630 of 2018 has been declined by the court, there is no reason why the documents held by the respondents herein should not be surrendered to the claimant union.
I thus direct that the respondent do surrender the union documents that they are holding to the union as they have no right to hold the same.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 29TH DAY OF NOVEMBER 2019
MAUREEN ONYANGO
JUDGE