Kenya National Union of Nurses v National Industrial Credit (NIC Bank) & 5 others [2020] KEELRC 1474 (KLR)

Summary at a glance

Facts

The Kenya National Union of Nurses filed an ex parte injunction order freezing the bank account number [...] being operated in the 1st Respondent’s Eldoret branch on 22/3/2018. The union later amended its claim to include the signatories of the impugned bank account. The union was granted leave to file an amended memorandum of claim on 7/5/2018, but failed to do so. The 1st Respondent filed a preliminary objection contesting the jurisdiction of the court, which was upheld and the claim struck out.

Issues

• Review of the ex parte injunction order
• Confirmation of the Claimant's amended pleadings and submissions
• Reinstatement of the injunctive order

Reasoning

The court notes that the official bank account of the union was clear, and the Respondents were running a parallel bank account without recourse to the union, which is an illegality. The court finds the orders sought merited and reinstates them.

Outcome

The ex parte injunction order is reinstated.

Orders

• Reinstatement of the injunctive order issued on 22/3/2018 freezing the bank account number [...] being operated in the 1st Respondent’s Eldoret branch

Remedies

• Reinstatement of the injunctive order issued on 22/3/2018 freezing the bank account number [...] being operated in the 1st Respondent’s Eldoret branch

Authorities cited