[2022] KEELRC 13046 (KLR)
The court permitted the withdrawal of the cause by the claimant, taking into account the advanced stage of proceedings, the social partnership between the parties, and the claimant's failure to utilize the dispute resolution avenues provided in the recognition agreement before approaching the court. In balancing...
Source-derived case information.
- Citation
- [2022] KEELRC 13046 (KLR)
- Parties
- Applicant: Kenya Universities Staff Union; Respondent: Maseno University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause E027 of 2022
- Procedural Posture
- Cause / Order on Withdrawal After Hearing and Submissions
- Outcome
- Cause withdrawn by claimant; respondent awarded half-scale costs.
- Judges
- S Radido
- Legal Topics
- Withdrawal of Cause, Costs Award, Industrial Relations, Recognition Agreement, Dispute Resolution Procedures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Universities Staff Union
Applicant
Maseno University
Respondent
Procedural Posture
Cause / Order on Withdrawal After Hearing and Submissions
Legal Issues
- 1 Whether the claimant is entitled to withdraw the cause after hearing and submissions.
- 2 Whether the respondent is entitled to costs upon withdrawal of the cause by the claimant.
- 3 Whether the claimant failed to utilize dispute resolution mechanisms under the recognition agreement before approaching the court.
Ratio Decidendi
The court permitted the withdrawal of the cause by the claimant, taking into account the advanced stage of proceedings, the social partnership between the parties, and the claimant's failure to utilize the dispute resolution avenues provided in the recognition agreement before approaching the court. In balancing these factors, the court found it just to allow withdrawal but awarded the respondent costs on a half-scale, recognizing the efforts made in defending the cause and the importance of good faith in industrial relations.
Court Disposition
Cause withdrawn by claimant; respondent awarded half-scale costs.
Orders
- The cause is withdrawn as per the claimant's notice.
- The respondent is awarded costs on a half-scale.
Full Case Text
Judgment text and source record
19 paragraphs
Kenya Universities Staff Union v Maseno University (Cause E027 of 2022) [2022] KEELRC 13046 (KLR) (2 November 2022) (Order)
Neutral citation: [2022] KEELRC 13046 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Cause E027 of 2022
S Radido, J
November 2, 2022
Between
Kenya Universities Staff Union
Claimant
and
Maseno University
Respondent
Order
1. This Cause was scheduled for judgment today.
2. However, the Kenya Universities Staff Union filed a Notice to withdraw the Cause after the conclusion of the hearing/filing of submissions.
3. When the Cause was called out, the Advocate for Maseno University implored the Court to award it costs considering the efforts put into defending the Cause.
4. Considering the social partnership between the parties and the need for utmost good faith in industrial relations and the fact that the recognition agreement between the parties provided for dispute resolution avenues the Union did not attempt to utilise before moving the Court, and the stage the Cause had reached before the filing of the Notice of withdrawal, the Court will allow the withdrawal of the Cause and award the Respondent costs on a half-scale.
ISSUED VIRTUALLY FROM MOMBASA ON THIS 2NDDAY OF NOVEMBER 2022. RADIDO STEPHEN, MCIARBJUDGE