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IndustrialDismissedCause 120 of 2005· [2006] KEIC 5 (KLR)

Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 5 (KLR)

Industrial Court of Kenya
31 August 2006
CCCP ChemuttutOWOA WafulaJKJM Kilonzo
448 words in judgment
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The bottom line

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Kenya's Industrial Court dismissed a union's second attempt to re-litigate a clear court order, calling it an abuse of process and ordering a recognition ballot to proceed.

What this practically means

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Executive summary

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This is a short order of the Industrial Court at Nairobi in Cause 120 of 2005, dealing with a second application for interpretation of an amended order in Form 'F' dated 14th July 2006, brought under Section 16(5) of the Trade Disputes Act, Cap. 234. The application was presented on 22nd August 2006 by Mr. Festus Mutunga, Secretary General, for the second Union (the Interested Party), and followed an earlier application for interpretation of the same amended order by the Resort's representative, Mr. Salim wa Mwawaza, on 7th August 2006, which the Court had summarily rejected on 10th August 2006 as untenable and devoid of merit. In rejecting that first application the Court had observed that the amended order did not contravene the Trade Disputes Act or Section 80 of the Constitution, and that it would foster industrial peace and harmony at the Resort and end unions' rivalry for recognition; it had also directed Mr. Benson Okwayo to proceed with the exercise. Confronted with the second application, the Court held that the amended order was clear and unambiguous and that no sufficient cause existed to interpret it again. It characterized the second Union's conduct as contemptuous and a gross abuse of the due process of the law. The Court dismissed the application, re-affirmed the amended order, and directed Mr. Benson Okwayo to proceed with the secret ballot immediately. No costs order was made.

Key legal issues

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01

Whether a second application for interpretation of the amended order under Section 16(5) of the Trade Disputes Act was merited

Holding

The application was rejected; the amended order is clear and unambiguous and does not contravene the Act or Section 80 of the Constitution

Reasoning

The Court had on 10th August 2006 already rejected a first application for interpretation, holding that the amended order fostered industrial peace and ended unions' rivalry for recognition. Finding no new ground or sufficient cause, the Court treated the second application as contemptuous abuse of process, re-affirmed the amended order and directed the secret ballot to proceed.

p. 2

Legal principles established

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  • An application for interpretation of an order already interpreted, where the order is clear and unambiguous, is an abuse of the due process of the law

Court orders

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  1. 1.The second application for interpretation of the amended order is dismissed as untenable and an abuse of process
  2. 2.The amended order is re-affirmed
  3. 3.Mr. Benson Okwayo is directed to proceed with the secret ballot immediately
Jurisdiction invoked
Section 16(5) of the Trade Disputes Act, Cap. 234, Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 5 (KLR)", Case Analysis (2006). Cause 120 of 2005. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2006/5/eng@2006-08-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.