Workers Union & another v Sarova Hotels Limited (Cause E017 of 2020) [2022] KEELRC 4167 (KLR) (27 September 2022) (Ruling)

Summary at a glance

Facts

The grievant, Michael Arum Owuor, withdrew his instructions from the Kenya Hotels & Allied Workers Union and sought to be represented by Akolo Wanyanga & Company advocates. The union opposed the application, claiming the grievant had not withdrawn his instructions and that the move was instigated by a former union official.

Issues

• Whether the grievant has the right to withdraw his instructions from the union and be represented by a different advocate.
• Whether the grievant has locus standi to bring the joinder application in his own name.

Reasoning

The grievant has the right to choose an advocate and be represented by a different firm. The union's opposition is based on a misunderstanding of the grievant's actions.

Outcome

Application allowed

Orders

• The grievant is made party to the claim and the name of the union is removed from the pleadings.
• The rm of Akolo Wanyanga & Company advocates is allowed to come on record for the grievant.

Remedies

• Removal of the union from the pleadings and joinder of the grievant as a party.

Authorities cited