Jayne Nyagoha Emisembe v Nairobi County Branch of KUPPET [2018] KEELRC 47 (KLR)
The bottom line
#Kenya's Employment Court ordered KUPPET's Nairobi branch to pay its former treasurer Kshs.1.27 million in unpaid allowances, confirming union officials' allowances are legally enforceable.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant served the respondent as an elected and registered branch treasurer from 18th June 2011 to 5th March 2015
The court found that the claimant was a legitimate union official who served the respondent during the material period.
The claimant demonstrated through documentary evidence, including computations of allowances at 12.68% of branch income, bundle pages showing branch income and remittances, that she was entitled to allowances. The figures were not disputed by the respondent, who filed no submissions. The respondent's vague assertions that she was paid, or was not entitled, or paid herself illegally were unsupported by proof. The court thus found denial of her legitimate earnings through neglect and deprivation.
Whether the claimant is entitled to the relief sought
The claimant was entitled to the declaration and payment of the outstanding allowances totaling Kshs.1,265,293.30.
Having found the claimant a legitimate official who served during the currency of her office, the court held she was entitled to the relief sought, being a declaration of service and payment of the balance of approved but unpaid allowances between July 2013 and March 2015.
Legal principles established
#- Payment of allowances to union officials is not whimsical but a legal necessity provided for in law and trade union processes and practice.
Court orders
#- 1.A declaration be and is hereby issued that the claimant served the respondent as an elected and registered branch treasurer from 18th June, 2011 to 5th March, 2015
- 2.The respondent be and is hereby ordered to pay the claimant her outstanding allowances and or dues pending between July 2013 and March 2015 totaling Kshs.1,265,293.30
- 3.The cost of the Claim shall be borne by the respondent
- Jurisdiction invoked
- Dispute referred under the Labour Relations Act in respect of non-payment of allowances to a trade union branch official
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jayne Nyagoha Emisembe v Nairobi County Branch of KUPPET [2018] KEELRC 47 (KLR)", Case Analysis (2018). Cause No. 2001 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/47/eng@2018-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.