[2015] KEELRC 95 (KLR)
The court held that the union lacked legal capacity to institute the claim for the deceased employee's final dues because no grant of letters of administration had been obtained. The law requires that only a duly appointed legal representative can bring such a claim on behalf of a deceased person. As there was no...
Source-derived case information.
- Citation
- [2015] KEELRC 95 (KLR)
- Parties
- Applicant: Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers; Respondent: Highlands Paper Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 587 of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- cause struck out for want of legal capacity
- Judges
- MSA Makhandia
- Legal Topics
- Legal Capacity of Union, Letters of Administration Requirement, Final Dues of Deceased Employee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers
Applicant
Highlands Paper Mills Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the union had legal capacity to institute the claim on behalf of the deceased employee without grant of letters of administration.
- 2 Whether the claim for final dues of a deceased employee can be maintained without a legal representative.
Ratio Decidendi
The court held that the union lacked legal capacity to institute the claim for the deceased employee's final dues because no grant of letters of administration had been obtained. The law requires that only a duly appointed legal representative can bring such a claim on behalf of a deceased person. As there was no evidence of such a grant, the cause was incompetent and had to be struck out. The court acknowledged the humanitarian concerns and the respondent's willingness to pay the dues, but emphasized that it was bound to apply the law strictly. Consequently, the cause was struck out and each party was ordered to bear its own costs.
Court Disposition
cause struck out for want of legal capacity
Orders
- The cause is struck out as sought by the respondent.
- Each party to bear own costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 587 OF 2014
KENYA UNION OF PRINTING, PUBLISHING, PAPER
MANUFACTURERS & ALLIED WORKERS CLAIMANT
v
HIGHLANDS PAPER MILLS LIMITED RESPONDENT
RULING
Harnest Benard Nyangweso (deceased) was employed by Highlands Mills Ltd (Respondent) on 1 March 1994 as a general worker and he later on rose the position of boiler operator.
Unfortunately he died on 28 October 2009 while still in the employment of the Respondent.
It appears that the Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers took up the question of payment of the deceased final dues with the Respondent and the matter ended up for conciliation but no resolution was reached.
The Conciliator issued a Certificate of Disagreement on 27 November 2013 after the Respondent failed to pay some Kshs 62,393/- which it had agreed through its letter dated 25 October 2013 were the final dues payable to or on behalf of the deceased.
The Union consequently moved Court on 14 November 2014 seeking the final dues on behalf of the widow and children of the deceased.
The Respondent was served with the Memorandum of Claim and it filed a Response and Notice of Preliminary Objection on 9 November 2015.
The preliminary objection is the subject of this ruling.
The objection as taken is rather straightforward and it is that the Cause is incompetent because it was filed long after the passing on of the deceased, and without and before grant of letters of administration.
According to the Respondent, the Union had no legal capacity to bring the Cause on behalf of the deceased. Further, the Respondent urged that the dues could only be paid to a legal representative of the deceased.
The Respondent made reference to section 24 of the Employment Act, 2007.
The facts as presented are not in dispute.
The Cause before Court is incompetent in that such a claim can only be commenced and agitated by a legal representative duly authorised by a competent Court of law. There was no demonstration that a grant had been issued.
The Cause is therefore for rejection.
In the course of taking up of the objection, the parties with the prodding of the Court engaged on a humane way of dealing with the issue of the deceased dues which the Respondent had calculated and advised the Conciliator it was willing to pay, and the Court only hopes that Mr. Ochang will find it in his heart to engage with his client (the Respondent) on a way to resolve the issue as the cost of applying for the letters of administration may be higher than the dues payable.
But this being a Court of law, there is nothing the Court can do except to apply the law and order that the Cause be struck out as sought by the Respondent, and it is so ordered.
Each party to bear own costs.
Delivered, dated and signed in Nakuru on this 11th day of December 2015.
Radido Stephen
Judge
Appearances
For Claimant Ms. Njeri, Industrial Relations Officer, Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers
For Respondent Mr. Ochang’ instructed by Ochang Ajigo & Co. Advocates
Court Assistant Nixon