Kenya County Government Workers Union v County Government of Tana River & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Mombasa
Category
Civil
Judge(s)
Hon. James Rika
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya County Government Workers Union v County Government of Tana River & another [2020] eKLR


1. Case Information:
- Name of the Case: Kenya County Government Workers Union v. County Government of Tana River
- Case Number: Cause Number 204 of 2019
- Court: Employment and Labour Relations Court at Mombasa
- Date Delivered: 28th October 2020
- Category of Law: Civil
- Judge(s): Hon. James Rika
- Country: Kenya

2. Questions Presented:
The central legal issues before the court included whether the Claimant's dispute was properly before the court given previous related claims and whether the Claimant had exhausted the necessary dispute resolution mechanisms as outlined in the County Governments Act and the Public Service Commission Act.

3. Facts of the Case:
The Claimant, Kenya County Government Workers Union, represented specific employees whose contracts were terminated by the Respondents, which included the County Government of Tana River and the Tana River County Public Service Board. The Claim arose after the Respondents allegedly terminated the contracts of certain employees, leading to the Claimant seeking judicial intervention. The Claimant's initial claim was previously addressed in Cause No. 299 of 2018, which involved related issues regarding unfair termination.

4. Procedural History:
The court initially struck out the Claim on 29th May 2020, agreeing with the Respondents' preliminary objection that the Claimant should have pursued the matter before the Public Service Commission as stipulated under Section 77 of the County Governments Act. The court also noted that the Claim was premature and potentially sub-judice due to the ongoing related dispute. The Claimant subsequently sought a review of this ruling, asserting that there were sufficient grounds for reconsideration, including discrepancies in the number of grievants represented and assurances made by the court regarding future claims.

5. Analysis:
- Rules: The court considered relevant provisions from the County Governments Act, particularly Section 77, which mandates that disputes between County Governments and employees should first be addressed through the Public Service Commission. Additionally, Sections 85 and 86 of the Public Service Commission Act were relevant in establishing the required dispute resolution mechanisms.
- Case Law: The court referenced prior decisions affirming that where legislation provides a specific dispute resolution mechanism, parties must exhaust that mechanism before seeking judicial relief. This principle underscores the importance of adhering to statutory processes designed to handle employment disputes.
- Application: The court found merit in the Claimant's argument that there were errors in the initial ruling, particularly regarding the identity of the grievants. The court recognized that the Claim arose from ongoing termination processes and that the Claimant had been assured that pursuing an injunction in a previous case would not impede future claims. The court thus concluded that the Claim should be referred to the Public Service Commission for resolution, staying proceedings in the interim.

6. Conclusion:
The court ruled to review and set aside its prior orders from 29th May 2020, substituting them with an order to refer the Claim to the Public Service Commission, thus staying the proceedings pending the outcome of that mechanism. This decision emphasized the necessity for parties to utilize designated dispute resolution processes before resorting to court intervention.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was unanimous in its findings and conclusions.

8. Summary:
The court's ruling in Kenya County Government Workers Union v. County Government of Tana River highlights the importance of adhering to statutory dispute resolution mechanisms in employment matters. By referring the Claim to the Public Service Commission, the court reinforced the legislative intent to provide structured avenues for resolving disputes between County Governments and their employees, thereby promoting efficiency and adherence to established legal frameworks.

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