Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Medical Research Institute (KEMRI); Okiya Omtatah Okoiti & another (Proposed Interested Parties) [2021] KEELRC 2217 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2217
- Citation
- [2021] KEELRC 2217 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a judgment and consent orderCoramAboudha, Radido
Holding
The court has jurisdiction to allow joinder of new parties and to enforce the decree/orders in full.
Facts
The claimant union brought a suit seeking orders to compel the respondent to implement a Government Circular awarding extraneous allowance to all employees. The court entered judgment in favor of all staff on 31.3.2017, and a consent order was filed on 6.2.2019. Mr. Omtatah Okoiti and Mr. Nyakima Gisebe Wycliffe filed an application on 16.5.2019.
Issues
- Whether the court lacks jurisdiction to determine the instant application.
- Whether the applicants should be enjoined as parties to the suit.
- Whether the consent agreement dated 4.2.2019 should be set aside in terms of paragraph 3,4,5 and 6.
Reasoning
The court's jurisdiction is based on the Constitution and legislation, and it can join new parties and enforce the decree/orders.
Outcome
The court dismissed the application.
Orders
- to be enjoined as interested parties to these proceedings.
- Upon joinder, the decree/orders of this court in its judgment dated and delivered on 31.3.2017 be enforced in full and beyond doctors, nurses, clinical officers, veterinary officers and lab technologists, to include all public health workers employed by the respondent such as engineers, biomedical and social research scientist, and their support staff (drivers, administrators, secretaries etc.)
- The consent agreement signed between the claimant and the respondent on 4.7.2019 be set aside in terms of paragraph 3, 4, 5 and 6.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- ELRC Procedure Rules 2016
Cases cited (1)
- Samuel Kamau Macharia v Kenya Commercial Bank & 2 Others [2012]eKLR
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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