Universities Academic Staff Union, Egerton University Branch/Chapter v Egerton University & 2 others; Universities Academic Staff Union (Interested Party) (Employment and Labour Relations Cause E024 of 2023) [2024] KEELRC 1864 (KLR)
The bottom line
#A Kenyan court refused to award legal costs to a winning union because the university settled the debt quickly and in good faith.
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 Claimant, having obtained a consent for payment of unremitted union dues and agency fees, is entitled to costs of the suit
- 2.Whether interest on costs should be awarded
Key legal issues
#Whether costs should follow the event in favour of the Claimant
No - despite the Claimant being the successful party, the court exercised its discretion under Section 27(1) of the Civil Procedure Act to make no order on costs because the Respondents conceded and settled amicably and in good faith.
The court acknowledged the general rule that costs follow the event but noted Section 27(1) vests discretion in the judge. The consent settlement of 30th May 2024 showed the Respondents accepted liability and paid the dues. Their good-faith conduct and prompt resolution of the dispute were treated as good reasons to depart from the general rule, and no order of costs was made.
Legal principles established
#- Costs follow the event but remain at the court's discretion depending on the circumstances of the case
- A respondent who amicably concedes liability and pays promptly may be spared an adverse costs order
Court orders
#- 1.The Respondents to pay Kshs 14,771,331.85 being accumulated union dues and agency fees from March 2021 to June 2023 (per consent of 30th May, 2024)
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (Employment and Labour Relations Court Act); matter resolved on costs following consent
Relief refused
#Costs of the suit awarded to the Claimant
Respondents amicably conceded, paid the dues and conducted themselves responsibly and in good faith; court exercised discretion under Section 27 of the Civil Procedure Act
Interest on costs
Fell with the refusal to award costs
Costs
No order of costs - each party to bear their own costs
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.
In view of this conduct by the Respondents, I exercise my discretion and order that there will be no order of costs.
It is indeed true that the costs follow the event but it is also true as per section 27 (1) of the Civil Procedure Act that costs are at the discretion of the Judge depending on the circumstances of the case.
The Respondents in this case conducted themselves responsibly and in good faith and finalized this case within reasonable time.
Issues in the judgment
#The name of the claimant and respondents is not expressly stated in the judgment text; inferred from references to union dues, the 1st Respondent being Egerton University and an Interested Party
Case number and neutral citation not stated in the judgment
The 1st Respondent is described as owing more than Kshs 60 billion in debts, which appears excessive and may be a typographical error
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union, Egerton University Branch/Chapter v Egerton University & 2 others; Universities Academic Staff Union (Interested Party) (Employment and Labour Relations Cause E024 of 2023) [2024] KEELRC 1864 (KLR)", Case Analysis (2024). Memorandum of Claim dated 15th May, 2023 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1864/eng@2024-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.