Kenya Union of Commercial, Food and Allied Workers v Eldama Ravine Water & Sewerage Co. Ltd & 2 others [2018] KEELRC 2585 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2585
- Citation
- [2018] KEELRC 2585 (KLR)
- Decided
- 18 October 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramM. MBARU
Holding
The 2nd respondent is wrongly enjoined and costs are awarded to the 2nd respondent.
Facts
The claimant, a trade union, filed a suit against the 1st respondent (a limited liability company) for failing to pay employees' salaries and union dues for 25 months. The 2nd respondent (a water services licensee) was also named as a respondent.
Issues
- Whether the 2nd respondent is a necessary party in the suit
- Whether the 2nd respondent can be held liable for the actions of the 1st respondent
Reasoning
The court held that the 2nd respondent is not a necessary party as there is no cause of action against it and the relationship between the claimant and the 1st respondent is not such that the 2nd respondent is a necessary party.
Outcome
Appeal dismissed
Orders
- The 2nd respondent is wrongly enjoined and costs are awarded to the 2nd respondent
Remedies
- Costs awarded to the 2nd respondent
Authorities cited
Legislation (3)
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Labour Relations Act, 2007
- Water Act, 2002
Cases cited (1)
- Kenya National Union of Nurses v County Public Service Board
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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