John Wesonga Lutta v Wesa P.M. Malack (Sued As The Purpoted Acting Executive Secretary – Kenya National Union Of Teachers (KNUT) Mumias Branch & 3 others [2020] KEELRC 31 (KLR)
The bottom line
#A Kenyan court suspended KNUT's attempt to replace its Mumias branch executive secretary, ruling the removal must follow union rules requiring a two-thirds branch vote.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether due process was followed in the suspension of the Branch Executive Secretary Mr. John Wesonga Lutta and his replacement by Mr. Wesa P.M. Magak
- 2.Whether the application, being unopposed, should be allowed
Key legal issues
#Whether the suspension and replacement of the Branch Executive Secretary followed due process
The application was allowed; the status quo prior to the purported changes was ordered restored pending hearing of the claim
The applicant argued the suspension was done contrary to the union constitution and rules of natural justice, without a 2/3 majority decision of a duly called Branch General meeting. The respondents were duly served but filed no replying affidavit, leaving the application unopposed. The court considered the application and allowed it in terms of prayers 3, 5 and 6, granting interim orders preserving the pre-change positions.
Legal principles established
#- Suspension of a branch official of a trade union may only be done by a 2/3 majority decision of all members attending a duly called Branch General meeting; suspension without such due process is contrary to the union constitution and the rules of natural justice.
Court orders
#- 1.The positions and status of the officials of KNUT Mumias Branch prior to the purported changes made on or about 21/7/2020 be reverted to and maintained pending hearing and determination of the claim
- 2.The Registrar of Trade Unions not to effect any changes on the register of trade unions in respect of the position of Branch Executive Secretary, KNUT Mumias Branch pending the hearing of the claim and to maintain status quo before 21/7/2020
- 3.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 original jurisdiction over employment/trade union disputes
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 Court has duly considered the application and finds same to be mentioned and have allowed the application and granted an Order in terms of prayer 3, 5 and 6 of the Notice of Motion.
The positions and status of the officials of Kenya National Union of Teachers (KNUT) Mumias Branch prior to the purported changes made on or about 21/7/2020 by the Secretary General of Kenya National Union of Teachers (KNUT) Hon. Wilson Sossion be reverted to and maintained pending hearing and determination of this claim.
The registrar of Trade Unions not to effect any changes on the register of trade unions in respect of the position of Branch Executive Secretary, KNUT, Mumias Branch pending the hearing of this Claim and to maintain status quo before 21/7/2020.
Costs in the cause.
Issues in the judgment
#Date discrepancy: the application refers to changes made on or about 27/7/2020 in the prayer, while grounds and orders refer to 21/7/2020
Affidavit of service dated 22/8/2020 depones to service on 24/8/2020, a date after the affidavit date
Judgment appears interlocutory in nature though styled as a judgment; claim still pending hearing and determination
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Wesonga Lutta v Wesa P.M. Malack (Sued As The Purpoted Acting Executive Secretary – Kenya National Union Of Teachers (KNUT) Mumias Branch & 3 others [2020] KEELRC 31 (KLR)", Case Analysis (2020). Application dated 14/8/2020 (Notice of Motion in a Claim). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/31/eng@2020-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.