Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Management of Antuambui High School [2019] KEELRC 248 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 248
- Citation
- [2019] KEELRC 248 (KLR)
The court finds the union lacks locus standi to represent the employees and strikes out the name of the union, substituting the two employees as the claimants.
Facts
The case involves a dispute over the reinstatement of two employees, Francis Kerimania and Brown Kinoti, from Antuambui High School. The union, Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers, claims they have the right to represent the employees, but the school's board disputes this.
Issues
- Locus standi of the union to represent the employees
- Recognition agreement between the union and the school
Reasoning
The court ruled that the union does not have a valid recognition agreement with the school, as the Education Act 2012 requires a written agreement for recognition, which has not been met.
Outcome
The union's claim is dismissed, and the two employees are substituted as the claimants.
Orders
- Striking out the name of the union and substituting the two employees as the claimants
Remedies
- The former claimant KUDHEIHA to pay the Respondent the costs for the preliminary objection
Authorities cited
Legislation (2)
- Labour Relations Act
- Education Act 2012
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