[2014] KEELRC 681 (KLR)
The court found that the objection by Kenya Bus Service Management Limited was not merited because, in the context of employment law, the legal separation between the Respondent and the Objector is irrelevant when both are part of the same economic enterprise with common business objectives. The court was satisfied...
Source-derived case information.
- Citation
- [2014] KEELRC 681 (KLR)
- Parties
- Applicant: Transport and Allied Workers Union; Respondent: Kenya Bus Service Limited; Objector: Kenya Bus Service Management Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 68 of 2006
- Procedural Posture
- Employment Cause / Ruling on Objector's Application During Execution
- Outcome
- Objection dismissed; execution to proceed.
- Legal Topics
- Execution of Award, Objector Proceedings, Economic Entity Doctrine
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport and Allied Workers Union
Applicant
Kenya Bus Service Limited
Respondent
Kenya Bus Service Management Limited
Objector
Procedural Posture
Employment Cause / Ruling on Objector's Application During Execution
Legal Issues
- 1 Whether the objection by Kenya Bus Service Management Limited to the execution process is merited.
- 2 Whether the legal separation between the Respondent and the Objector is relevant in employment law for purposes of execution of the award.
Ratio Decidendi
The court found that the objection by Kenya Bus Service Management Limited was not merited because, in the context of employment law, the legal separation between the Respondent and the Objector is irrelevant when both are part of the same economic enterprise with common business objectives. The court was satisfied that the objection was a continuation of efforts by the Respondent to avoid meeting its obligations under the award. Therefore, the objection was dismissed, and the Claimant was granted liberty to proceed with execution against the Respondent.
Court Disposition
Objection dismissed; execution to proceed.
Orders
- The objection by Kenya Bus Service Management Limited is dismissed.
- The Claimant is granted liberty to proceed with execution against the Respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 68 OF 2006
BETWEEN
TRANSPORT AND ALLIED WORKERS UNION…………….................................…………….APPLICANT
VERSUS
KENYA BUS SERVICE LIMITED……………………………………………………………RESPONDENT
AND
KENYA BUS SERVICE MANAGEMENT LIMITED……………...........………………………..OBJECTOR
Rika J
CC. Mr. Kidemi
Mr. Nyamu instructed by Nyamu & Nyamu Company Advocates for the Applicant
Mr. Mituga instructed by Mukite Musangi & Company Advocates for the Objector
_________________________________________________________________
RULING
The Court authorized the Claimant to proceed with execution against the Respondent, in satisfaction of the Award given in favour of the Claimant’s Members on 6th September 2007.
The Claimant commenced execution, which process was promptly resisted by the Respondent, acting in concert with an Objector named as the Kenya Bus Services Management Limited.
Upon hearing the Objector’s Application dated 3rd July 2013, the Court finds and orders:-
The objection is not merited, but is part of the prolonged effort by the Respondent, not to meet the obligation arising under the Award on record.
In Employment Law, Legal separation of the Respondent and the Objector as argued by the Objector, counts for nothing. The Court is satisfied the Respondent and the Objector are part of the same economic enterprise, with common business objectives and indeed represented by the same firm of Advocates or network of Advocates.
The objection is therefore dismissed, and the Claimant granted the liberty to proceed with execution.
Dated and delivered at Nairobi this 17th day of January 2014
James Rika
Judge