Cabinet Secretary Ministry of Labour National Social Security and Services v Central Organisation of Trade Unions (K) & 2 others (Civil Application 252 of 2014) [2015] KECA 123 (KLR) (18 December 2015) (Ruling)
- Court
- Court of Appeal
- Case number
- 123
- Citation
- [2015] KECA 123 (KLR)
- Decided
- 18 December 2015
The application is dismissed with costs, as the applicant has failed to establish that the intended appeal would be rendered nugatory if the proceedings are not stayed.
Facts
The Cabinet Secretary of the Ministry of Labour, National Social Security and Services revoked the appointment of the Secretary General of Central Organisation of Trade Unions (K) to the National Social Security Fund (NSSF) Board of Trustees. The Secretary General and his nominee moved to the Labour Court seeking orders to quash the decision and restore the appointment.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to hear and determine the suit
- Whether the intended appeal would be rendered nugatory if the stay of proceedings is not granted
Reasoning
The Court found that the jurisdiction of the Employment and Labour Relations Court is not established, and that the intended appeal would not be rendered nugatory if the proceedings are not stayed.
Outcome
Application dismissed
Orders
- Order to stay all further proceedings in Nairobi Industrial Cause No. 1213 of 2014 pending the hearing and determination of an intended appeal
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