Kenya County Government Workers Union (Bungoma Branch) v Branch Secretary, Kenya County Government Workers Union (Bungoma Branch); Kenya County Government Workers Union (Intended Interested Party) (Miscellaneous Application E008 of 2023) [2023] KEELRC 2247 (KLR) (28 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2247
- Citation
- [2023] KEELRC 2247 (KLR)
- Decided
- 28 September 2023
Summary at a glance
Facts
The Kenya County Government Workers Union (Bungoma Branch) filed a suit against the Branch Secretary, seeking to join the Kenya County Government Workers Union as an interested party and to set aside a consent order.
Issues
- Whether the consent order should be set aside
- Whether the Kenya County Government Workers Union should be joined as an interested party
Reasoning
The court applied the principles from John Harun Mwau v Simone Haysom & 2 others; Attorney General & 2 others (Interested Parties) [2021] eKLR and Kenya Medical Laboratory Technicians and Technologists Board & 6 others v Attorney General & 4 others [2017] eKLR to determine that the Kenya County Government Workers Union does not have a legal interest in the proceedings and thus cannot be joined as an interested party.
Outcome
The court will not set aside the consent order and will not join the Kenya County Government Workers Union as an interested party.
Authorities cited
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