Kenya National Private Security Workers Union v Rovio Security Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Judge Radido Stephen
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kenya National Private Security Workers Union v Rovio Security Limited [2020] eKLR case summary, highlighting key legal principles and outcomes impacting the security workforce in Kenya.

Case Brief: Kenya National Private Security Workers Union v Rovio Security Limited [2020] eKLR

1. Case Information:
- Name of the Case: Kenya National Private Security Workers Union v. Rovio Security Limited
- Case Number: Cause No. 2527 of 2016
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): Judge Radido Stephen
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
- Does the Claimant (Kenya National Private Security Workers Union) have the locus standi to sue on behalf of the Grievant?
- Is the suit prematurely brought in violation of the Labour Relations Act?
- Is the suit an abuse of the court process?

3. Facts of the Case:
The Claimant, Kenya National Private Security Workers Union, filed a suit against Rovio Security Limited. The Respondent contended that the Claimant lacked the legal standing to bring the suit, arguing that there was no evidence of the Grievant being a member of the Union. Additionally, the Respondent claimed that the Claimant had failed to follow necessary procedures under the Labour Relations Act, including reporting the dispute to the Cabinet Secretary and obtaining a certificate of unresolved dispute.

4. Procedural History:
The Respondent filed a Preliminary Objection asserting that the Claimant lacked locus standi, that the suit was premature, and that it constituted an abuse of court process. The Respondent submitted its arguments on June 18, 2020, while the Claimant's submissions were not filed by the agreed date. The court considered the Respondent's objections and the evidence presented by both parties.

5. Analysis:
- Rules: The relevant statutes considered include Article 41 of the Constitution of Kenya, which guarantees the right to join a trade union, and sections 62, 67, and 69 of the Labour Relations Act, which outline the procedures for reporting trade disputes.
- Case Law: The court referenced several previous cases to support its analysis, including:
- *David Benedict Omulama & Ors v Registrar of Trade Unions & Ar (2014) eKLR*: Addressed the locus standi of unions.
- *Kenya National Union of Nurses v Attorney General & Ar (2012) eKLR*: Discussed union representation rights.
- *Modern Soap Factory v Kenya Shoe and Leather Workers Union (unreported)*: Clarified the distinction between a union's right to represent members and the necessity of a recognition agreement.
- Application: The court concluded that the lack of a recognition agreement does not prevent a union from representing its members in court. It found that the Claimant's right to represent the Grievant would be determined at the hearing on the merits. Regarding the objection of prematurity, the court noted that the Claimant had followed required procedures by reporting the dispute and obtaining a certificate of unresolved dispute.

6. Conclusion:
The court dismissed the Preliminary Objection, ruling that the Claimant had the locus standi to bring the suit and that the proceedings were not premature. The dismissal of the objection allowed the case to proceed to a full hearing, emphasizing the importance of upholding workers' rights to representation.

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

8. Summary:
The case of Kenya National Private Security Workers Union v. Rovio Security Limited highlights critical issues regarding the legal standing of trade unions to represent members in disputes with employers. The court's ruling reinforces the principle that unions can advocate for their members' rights even in the absence of a recognition agreement, thereby strengthening labor relations and ensuring adherence to due process in resolving disputes. The decision has broader implications for labor law in Kenya, affirming the rights of unions and their members under constitutional protections.

Citations:
- Constitution of Kenya, Article 41, Article 258
- Labour Relations Act, Sections 2, 62, 67, 69
- *David Benedict Omulama & Ors v Registrar of Trade Unions & Ar (2014) eKLR*
- *Kenya National Union of Nurses v Attorney General & Ar (2012) eKLR*
- *Modern Soap Factory v Kenya Shoe and Leather Workers Union (unreported)*

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