Kenya National Union of Nurses v County Public Service Board, Uasin Gishu County Government [2017] KEELRC 2009 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court should grant interim orders directing the Respondent to remit deducted union dues from March 2017 to the Union's account and restraining remittance to any undisclosed account
- 2.Whether the Respondent should be ordered to pay unremitted union dues from its own funds under section 19(6) of the Employment Act, 2007
- 3.Whether the Respondent and its agents should be restrained from harassing or intimidating the Union's members on account of the litigation
- 4.Whether the preliminary objection based on clauses 3(c) and (d) of the Recognition Agreement ousts the Court's jurisdiction
Key legal issues
#Whether the interim orders sought would conclusively determine the substantive Cause
The motion was dismissed because the interim prayers mirrored the substantive prayers in the Cause
The Court found that granting the orders would effectively grant the final relief sought in the main suit, disposing of it without a full hearing on the merits. The Court also noted the Union had not disclosed the bank account gazetted by the Cabinet Secretary for Labour under section 48 of the Labour Relations Act, and the Court could not presume prior deductions went to the gazetted account. Documents filed late as evidence were not considered.
Whether the Respondent's preliminary objection on jurisdiction based on the Recognition Agreement prevailed
The objection was treated as grounds of opposition and the motion proceeded; the objection did not stop the hearing
Instead of filing grounds of opposition, the Respondent filed a preliminary objection contending the Court lacked primary jurisdiction by virtue of clauses 3(c) and (d) of the Recognition Agreement dated 14 December 2016. The Court allowed the motion to proceed and took the objection as grounds of opposition, disposing of the motion on its own reasons rather than on the jurisdictional objection.
Preservation of union dues pending determination of the Cause
The Respondent to continue deductions and hold them in a suspense account
To preserve monies deducted from employees due to the Union, and because counsel for the Respondent disclosed from the bar that deductions were being remitted to the Union's branch office bank account without a statutory basis, the Court directed continued deductions with retention in a suspense account until the Cause is heard and determined.
Legal principles established
#- Interim relief that replicates the substantive prayers in the main suit should not be granted as it would dispose of the cause without a hearing on the merits
- Late-filed documents tendered as evidence after submissions will not be considered by the Court
Court orders
#- 1.Motion dismissed with no order as to costs
- 2.Respondent to continue making deductions but keep the same in a suspense account until hearing and determination of the Cause
- 3.Respondent to file and serve its Response, witness statements and documents on or before 8 December 2017
- 4.Union to file any Reply, if need be, within 14 days of service of Response
- 5.Agreed Issues to be filed before 19 January 2018
- 6.Mention date for further directions to be taken in the Registry
- 7.Costs in the Cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (union dues dispute under the Labour Relations Act and Employment Act, 2007)
Relief refused
#Interim order directing remittance of all deducted and unremitted union dues from March 2017 into the Union's Co-operative Bank account
The orders sought were an exact replica of the prayers in the substantive Cause and would dispose of the Cause without a hearing on the merits; the Union also did not disclose the gazetted bank account under section 48 of the Labour Relations Act
Interim order restraining remittance of union dues to any undisclosed bank account
The Court could not presume that previous deductions were remitted to the gazetted bank account, and the gazette notice evidence filed late would not be considered
Interim order directing the Respondent to pay all unremitted union dues from its own funds under section 19(6) of the Employment Act
Not established on the material before the Court
Interim order restraining the Respondent from harassing or intimidating the Union's members
No evidence was presented of any threats or harassment
Costs
No order as to costs; costs in the Cause.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the orders sought in the motion are an exact replica of the prayers sought in the substantive Cause and therefore granting the orders at this stage would dispose of the Cause without a hearing it on the merits.
the Union in an unprecedented practice filed copies of the Gazette Notice and previous court orders on 3 November 2017, and being an issue of evidence the Court will not consider the documents
The Court cannot presume that because deductions had been previously made, the same were remitted to the Gazetted bank account.
the Court orders that the Respondent continue to make the deductions but keep the same in a suspense account until the hearing and determination of the Cause.
In the circumstances, the Court dismisses the motion with no order to costs and further gives the following directions to ensure an expedited hearing of the Cause
Issues in the judgment
#Prayers 6 and 7 of the motion are recorded as blank ellipses without content
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v County Public Service Board, Uasin Gishu County Government [2017] KEELRC 2009 (KLR)", Case Analysis (2017). Not stated in the judgment (interlocutory motion in a substantive Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/2009/eng@2017-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.