Kenya Union Of Sugar Plantation & Allied Workers v Cabinet Secretary Ministry of Agriculture, Lvestock, Fisheries and Cooperative Development & 3 others [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 12, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Kenya Union Of Sugar Plantation & Allied Workers v Cabinet Secretary Ministry of Agriculture, Livestock, Fisheries and Cooperative Development & 3 others [2020] eKLR, highlighting key legal implications and outcomes.

Case Brief: Kenya Union Of Sugar Plantation & Allied Workers v Cabinet Secretary Ministry of Agriculture, Lvestock, Fisheries and Cooperative Development & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Union of Sugar Plantation & Allied Workers v. The Cabinet Secretary Ministry of Agriculture, Livestock, Fisheries and Cooperative Development & Others
- Case Number: Petition No. 29 of 2020
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: October 12, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The court is tasked with resolving whether it has jurisdiction to entertain the petition filed by the Kenya Union of Sugar Plantation & Allied Workers, which raises issues regarding the lack of public participation in the leasing of state-owned sugar factories, the alleged violation of constitutional rights, and the existence of an employer-employee relationship between the parties involved.

3. Facts of the Case:
The petitioner, the Kenya Union of Sugar Plantation & Allied Workers, represents over 3,500 employees from several sugar factories owned by the National Government, including Chemelil, Sony, Miwani, Muhoroni, and Nzoia Sugar Factories. The factories owe these workers approximately Kshs. 3.5 billion in unpaid wages and statutory deductions. On July 10, 2020, the Agriculture and Food Authority, the second respondent, announced plans to lease these factories without involving the union or its members, prompting the union to file a petition alleging violations of constitutional rights, including lack of public participation, discrimination, and failure to disclose how the debts owed to workers would be settled.

4. Procedural History:
The second respondent raised a preliminary objection, arguing that the court lacked jurisdiction to hear the petition due to the absence of an employer-employee relationship and the failure to meet the criteria for a constitutional petition. The court heard written submissions from the parties and subsequently agreed to address the preliminary objection first. The court referenced established legal principles regarding jurisdiction and the nature of preliminary objections, ultimately determining that the preliminary objection lacked merit.

5. Analysis:
- Rules: The court considered Article 162(2)(a) of the Kenyan Constitution, which mandates the establishment of courts to address disputes related to employment and labor relations. It also examined the Employment and Labour Relations Court Act, 2011, particularly Section 12, which outlines the court's jurisdiction over employment-related disputes.
- Case Law: The court referenced several key cases, including *Mukisa Manufacturing Company Limited v. West End Distributors Limited* (1969) EA 698, which defines a preliminary objection, and *United States International University (USIU) v. Attorney General* (2012) eKLR, which affirms the jurisdiction of the Employment and Labour Relations Court to address constitutional issues arising from employment and labor relations.
- Application: The court applied the established legal principles to conclude that it had the authority to hear the case. It found that the issues raised by the petitioner were substantial and fell within the jurisdiction of the Employment and Labour Relations Court. The court dismissed the preliminary objection, emphasizing the importance of addressing the petitioner's claims regarding the potential violation of constitutional rights and the need for public participation.

6. Conclusion:
The court ruled that it has jurisdiction to hear the petition filed by the Kenya Union of Sugar Plantation & Allied Workers. The dismissal of the preliminary objection allows the court to consider the substantive issues raised by the union, which may have significant implications for labor rights and public participation in government decisions regarding state-owned enterprises.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Employment and Labour Relations Court dismissed a preliminary objection raised by the respondents, affirming its jurisdiction to hear the petition concerning the leasing of state-owned sugar factories without public participation. This decision underscores the court's role in protecting labor rights and ensuring adherence to constitutional principles in employment matters. The case is significant as it highlights the intersection of labor relations and constitutional law in Kenya, particularly regarding the rights of workers and the obligations of government entities.

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