Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] eKLR case summary, highlighting pivotal legal rulings and their implications for the security sector in Kenya.

Case Brief: Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Kenya National Private Security Workers Union v. Homeland Security Services Ltd
- Case Number: Cause No. 1328 of 2013
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case include:
- Whether the judgment delivered on 25th February 2015 should be discharged.
- Whether the ruling dated 25th May 2017, which directed the applicant to deposit Kshs.733,680.00, should be reviewed based on claims of fraud due to the representation by an unqualified advocate.

3. Facts of the Case:
The claimant, Kenya National Private Security Workers Union, alleged that the respondent, Homeland Security Services Ltd, failed to pay salaries and benefits to its members. The union initially represented the claimants but withdrew its representation in November 2016. An ex-parte judgment was granted to the claimants on 25th February 2015, which was later set aside by a ruling on 25th May 2017, requiring the respondent to deposit Kshs.733,680.00 in court. The respondent contended that the judgment was obtained fraudulently by an unqualified advocate, Joshua M. Makori, and argued that the claimants were not legitimate members of the union.

4. Procedural History:
The case commenced with the filing of the initial claim by the union, leading to the ex-parte judgment in 2015. Following the ruling in 2017, which required the deposit of Kshs.733,680.00, the respondent filed a notice of motion on 19th August 2020 seeking to discharge the judgment and review the previous ruling. The claimant opposed this application, arguing that it was an abuse of court process as similar issues had been previously addressed.

5. Analysis:
- Rules: The court considered Rule 33 of the Employment and Labour Relations Court Act, 2011; Order 9 Rule 9 of the Civil Procedure Rules; and Articles 48 and 50 of the Constitution of Kenya, which pertain to the right to access justice and fair hearing.
- Case Law: The court analyzed previous rulings, particularly the consent order from 2nd May 2019, which required the respondent to deposit the decretal sum into a joint account. The court noted that the respondent had failed to comply with this order.
- Application: The court found that the respondent's claims regarding the unqualified advocate did not constitute a valid ground for review since the issue had not been raised in earlier applications. The court dismissed the application, noting that it was an abuse of court process as it sought to re-litigate matters already settled.

6. Conclusion:
The court ruled to dismiss the application filed by the respondent on 16th October 2020. The ruling emphasized the importance of adhering to procedural rules and the finality of previous court orders while correcting clerical errors in earlier rulings.

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

8. Summary:
The Employment and Labour Relations Court dismissed the respondent's application to discharge a previous judgment and review a ruling regarding a deposit of Kshs.733,680.00. This case underscores the significance of proper legal representation and adherence to court procedures, as well as the implications of raising new arguments in subsequent applications without prior notice. The court's correction of clerical errors also highlights the importance of accuracy in legal documentation.

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