[2013] KEELRC 168 (KLR)
The court declined to extend the interim orders restraining the Respondents from engaging in strike action, finding that the issues raised by the Claimant had already been addressed by the Principal Judge in previous proceedings concerning the Collective Bargaining Agreement. The court emphasized the importance of...
Source-derived case information.
- Citation
- [2013] KEELRC 168 (KLR)
- Parties
- Claimant: Nairobi City County; Respondent: Kenya Local Government Workers Union; Respondent: Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1410 of 2013
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Applications Regarding Collective Bargaining Agreement and Industrial Action
- Outcome
- Interim orders sought by the Claimant declined; Attorney General granted leave to file replying affidavit and application; matter referred to Principal Judge for further orders.
- Legal Topics
- Collective Bargaining Agreements, Industrial Action, Trade Union Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nairobi City County
Claimant
Kenya Local Government Workers Union
Respondent
Attorney General
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Applications Regarding Collective Bargaining Agreement and Industrial Action
Legal Issues
- 1 Whether the Claimant is entitled to extension of interim orders restraining the Respondents from engaging in strike action.
- 2 Whether the Attorney General should be granted leave to file a replying affidavit and application regarding the Collective Bargaining Agreement.
- 3 Whether the issues raised have already been addressed by the Principal Judge and should be referred back.
Ratio Decidendi
The court declined to extend the interim orders restraining the Respondents from engaging in strike action, finding that the issues raised by the Claimant had already been addressed by the Principal Judge in previous proceedings concerning the Collective Bargaining Agreement. The court emphasized the importance of judicial consistency and held that any further grievances or unresolved issues should be brought before the Principal Judge to avoid conflicting decisions. The Attorney General was granted leave to file a replying affidavit and application regarding the Collective Bargaining Agreement. The matter was referred to the Principal Judge for further orders, and the Claimant was...
Court Disposition
Interim orders sought by the Claimant declined; Attorney General granted leave to file replying affidavit and application; matter referred to Principal Judge for further orders.
Orders
- The Attorney General is granted leave to file his replying affidavit and application with regard to the Collective Bargaining Agreement.
- The application by the Claimant to extend the Orders given on 2nd September, 2013; the application to order stay of the fresh strike notice; and the application to have the Officials of 1st and 3rd Respondents restrained from engaging in strike action are for now declined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 1410 OF 2013
BETWEEN
NAIROBI CITY COUNTY..................................................………………………………………CLAIMANT
VERSUS
KENYA LOCAL GOVERNMENT WORKERS UNION
AND 2 OTHERS …………………...........................................RESPONDENT
Rika J
CC. Kidemi
Prof. Tom Ojienda Advocate for the Claimant
Mr Mbuvi Advocate for the Respondent Union
Mr Fedha for the Attorney General
______________________________________________________________
RULING
The issues raised by the various parties’ applications arise from a Collective Bargaining Agreement registered at the Industrial Court. There is reason to believe parties have had the opportunity to address the Court on the Collective Bargaining Agreement at the time of its registration. Issues relating to transition from the City Council to County of Nairobi, and the obligation inherited by the County Government have been addressed in this court in the past.
At the heart of the proceedings herein is the failure, or inability of the Claimant to honour its obligations under the existing Collective Bargaining Agreement. As the matter has been addressed by the Principal Judge, it is imprudent for this Court to re-look into the issues involved. If the Claimant feels there are issues that have not been fully addressed by the Court in its past decisions revolving around the Collective Bargaining Agreement, it is most appropriate to be heard before the Principal Judge. We do not wish to have different Judges giving conflictual decisions.
The Claimant ought to be addressing itself on the grievances causing the industrial unrest, instead of rushing to court to restrict the Union from legitimate trade union activity.
IT IS ORDERED:
1. The Attorney General is granted leave to file his replying affidavit and application with regard to the Collective Bargaining Agreement.
2. The application by the Claimant to extend the Orders given on 2nd September, 2013; the application to order stay of the fresh strike notice; and the application to have the Officials of 1st and 3rd Respondents restrained from engaging in strike action are for now declined.
3. The file shall be placed before the Principal Judge on 17/9/13 for further Orders.
Dated and delivered at Nairobi this 9th day of September2013
James Rika
Judge