Kenya National Union of Nurses v Kiambu County Public Service Board & another (Cause E895 of 2024) [2025] KEELRC 553 (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 uncontroverted facts in the Motion dated 22 October 2024, including breach of the Return-to-Work Agreement, warranted the orders sought
- 2.Whether the surviving substantive prayer (iv) seeking reimbursement of penalties imposed by financial institutions could be granted at the interlocutory stage
- 3.Whether orders could issue on the Motion dated 18 December 2024 relating to matters arising after the filing of the primary pleadings
- 4.Whether the Court should direct conciliation under the Labour Relations Act
Key legal issues
#Breach of the Return-to-Work Agreement of 2 October 2024
The Union's assertion that the Respondents did not pay salaries as agreed was unrebuted and accepted as true, but the interim prayers tied to it had lapsed
The Return-to-Work Agreement bound the parties to engage in utmost good faith. The Union asserted non-payment of salaries contrary to the agreement; the Respondents filed no response. However, prayers (ii) and (iii) were framed only for the ex-parte stage and were overtaken by events. The surviving prayer for reimbursement of bank penalties required proof at trial.
Competence of orders on matters arising after the pleadings
The Court declined to grant orders on the 18 December 2024 Motion until the Union amended its pleadings
Some issues in the December Motion (suspension of study leave, withheld salaries, union dues) arose after the Union moved the Court in October 2024. Granting relief on unpleaded matters would put orders outside the primary pleadings. The Court therefore directed amendment of the Statement of Claim within 10 days.
Conciliation as an avenue for the dispute
The Court directed the County Labour Officer, Kiambu to conciliate the dispute and file a report within 60 days
The Labour Relations Act contemplates conciliation where social partners have a dispute, and recognition agreements typically include alternative dispute-resolution avenues. The Court invoked this to refer the dispute to conciliation alongside the continuation of dues deduction.
Caution against multiple applications
The Union was cautioned against filing successive applications before ventilating earlier ones
The Union filed at least three Motions within a short period, including a withdrawn second Statement of Claim and a contempt Motion, while earlier applications were pending. The Court warned this practice obfuscates proportionate determination and clogs the docket.
Legal principles established
#- Uncontroverted facts in an unopposed application may be taken as true
- Interlocutory relief cannot be granted where the underlying claim requires proof to the required standard at a hearing on the merits
- A court should not grant orders outside the primary pleadings before amendment
- The Labour Relations Act contemplates conciliation of disputes between social partners
Court orders
#- 1.The Union to amend its Statement of Claim within 10 days to incorporate alleged legal wrongs accruing after 22 October 2024
- 2.The Respondents to file and serve Responses to the Amended Statement of Claim within 15 days of service
- 3.The County Labour Officer, Kiambu to conciliate the dispute and file a report with the Court within 60 days
- 4.The Respondents to continue deducting and remitting to the Union monthly union dues
- 5.Further directions on 5 May 2025
- 6.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 (referenced disputes under the Labour Relations Act; Article 162(2) court as constituted)
Relief refused
#Prayers (ii) and (iii) of the Motion dated 22 October 2024 (stay of disciplinary process and enforcement of the Return-to-Work Agreement)
Transient interim prayers overtaken by events after the ex-parte stage
Reimbursement of penalties imposed on Union members by financial institutions (prayer iv)
Cannot be granted at interlocutory stage; requires proof to the required standard at the hearing on the merits
Orders on the Motion dated 18 December 2024 injuncting suspension of study leave, reinstating withheld salaries and resuming deduction/remittance of union dues
The issues arose after the primary pleadings; granting orders would risk orders outside the pleadings until amendment
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 Respondents to continue deducting and remitting to the Union monthly union dues.
The County Labour Oficer, Kiambu to conciliate the dispute herein and file a report with the Court within 60 days of today.
The Union to amend its Statement of Claim within 10 days of today to incorporate alleged legal wrongs accruing after 22 October 2024.
The order cannot be granted at an interlocutory stage as the claim requires prove to the required standard during the hearing on the merits
Until the Union amends its pleadings, the Court risks granting orders outside the primary pleadings
The facts remain uncontroverted and the Court can surmise that they are true.
Issues in the judgment
#Cause number discrepancy: judgment text states the Union sued on 23 October 2024 and refers to the main Claim dated 22 October 2024, while the footer prints a different cause number reference
The Motion is described as filed on 19 December 2024 but headed the Motion dated 18 December 2024
The Kenya Union of Clinical Officers' joinder Motion is stated as filed on 4 October 2024 but dated 31 October 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kiambu County Public Service Board & another (Cause E895 of 2024) [2025] KEELRC 553 (KLR)", Case Analysis (2025). Cause No. E895 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/553/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.