Kenya National Union of Nurses v Kenyatta National Hospital Board & 21 others [2018] KEELRC 1948 (KLR)

Facts

The Kenya National Union of Nurses filed a suit against Kenyatta National Hospital Board and other parties regarding trade union dues, recognition agreements, and gazette notices. The union claimed the hospital failed to deduct and remit trade union dues and refused to sign a Recognition Agreement.

Issues

1. Whether the suit is res judicata
2. Whether the 2nd interested parties legally resigned from membership of the 1st interested party
3. Whether the claimant has achieved a simple majority of the nurses in the employment of the 1st respondent to qualify for recognition
4. Whether the 2nd respondent issued Gazette Notice No. 1845 of 8th February 2013 irregularly
5. Whether the claimant is entitled to the remedies sought

Reasoning

The court dismissed the res judicata argument because the recruitment in the current suit occurred in 2016, different from the 2012 recruitment in the previous case. The resignation of the 2nd interested parties was not properly documented.

Outcome

The court found in favor of the claimant and ordered the 1st respondent to sign a formal recognition agreement and pay union dues.

Authorities cited