Zachary Binyanya & 2 others v Union of Kenya Civil Servants & 2 others; Registrar of Trade Unions (Interested Party) [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Justice Radido Stephen
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Zachary Binyanya & 2 others v Union of Kenya Civil Servants, highlighting key rulings and implications in labor law. Stay informed on legal precedents from 2020 eKLR.

Case Brief: Zachary Binyanya & 2 others v Union of Kenya Civil Servants & 2 others; Registrar of Trade Unions (Interested Party) [2020] eKLR

1. Case Information
- Name of the Case: Zachary Binyanya & Others v. Union of Kenya Civil Servants & Others
- Case Number: Petition No. 178 of 2019
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Justice Radido Stephen
- Country: Kenya

2. Questions Presented
The court was tasked with resolving the following legal issues:
1. Whether the Petitioners were lawfully and procedurally elected to their positions and entitled to serve their full terms despite their retirement from public service.
2. Whether the Respondents complied with relevant constitutional and statutory provisions in their attempt to remove the Petitioners from office.
3. Whether Articles 4 and 7(4) of the Union's Constitution were unconstitutional and inconsistent with the Constitution of Kenya and the Labour Relations Act.
4. Who should bear the costs of the Petition?

3. Facts of the Case
The Petitioners, Zachary Binyanya, Silas Mugambi Karimba, and Daniel N. Ndungu, were elected as office-bearers of the Union of Kenya Civil Servants in October 2016 for five-year terms. Following their retirements from public service in 2018 and 2019, the Union's Secretary-General, Tom Mboya Odege, issued notices to the Petitioners on 17 September 2019, demanding they vacate their positions, claiming they were ineligible due to their retirements. The Petitioners objected to this directive, leading to their filing of a petition in court seeking reinstatement.

4. Procedural History
The case progressed through the Employment and Labour Relations Court, where the Petitioners sought urgent interdicts against their removal from office. The Court granted interim orders reinstating the Petitioners pending a full hearing. The Respondents filed a replying affidavit, and submissions were exchanged, culminating in a hearing on the merits of the Petition.

5. Analysis
- Rules: The court examined several legal provisions, including Articles 27(1), 36(1), and 41(2)(c) of the Constitution of Kenya, as well as Sections 4 and 5 of the Fair Administrative Actions Act 2015, and various sections of the Labour Relations Act.

- Case Law: The court referenced prior cases that addressed the rights of union officials and the implications of retirement on their positions, emphasizing the need for due process in disciplinary actions and removals.

- Application: The court determined that the Secretary-General acted beyond his authority by demanding the Petitioners vacate their offices without following the proper disciplinary procedures outlined in the Union's Constitution. The court found that the relevant statutes did not prohibit retired individuals from serving as union officials, thus supporting the Petitioners' claim to continue in their roles.

6. Conclusion
The court ruled that the removal of the Petitioners was unlawful and that they were entitled to serve their full five-year terms. The Secretary-General's actions were deemed ultra vires, and the Respondents were ordered to pay the Petitioners' costs.

7. Dissent
There were no dissenting opinions noted in the judgment.

8. Summary
The case affirmed the rights of union officials to serve their elected terms despite retirement from public service, emphasizing the importance of due process in administrative actions within unions. This ruling has significant implications for the governance of trade unions and the protection of members' rights under Kenyan law.

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