Kenya Union of Domestic, Hotels, Educational Institutions and Allied Workers [KUDHEIHA] v University of Nairobi Council & another (Cause E502 of 2022) [2023] KEELRC 3063 (KLR) (30 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3063
- Citation
- [2023] KEELRC 3063 (KLR)
- Decided
- 30 November 2023
Summary at a glance
TypeLabor DisputePostureAppeal from a previous judgmentCoramJAMES RIKA
The Court finds the claim res judicata and declines the claim under the doctrine of res judicata, with costs to the Respondent.
Facts
The Claimant Union filed a petition on behalf of 3 members, Daniel Musyimi Muasya, Julius Owichi Owuor, and Robert Kipkorir Chirchir, who were former employees of the University of Nairobi. The Union claimed unfair termination of their contracts and sought reinstatement or compensation.
Issues
- Res judicata
- Collective Claim
Reasoning
The Court ruled that the claim is res judicata, as the same parties and issues were involved in a previous judgment, and the same primary prayer was sought.
Outcome
Declined
Orders
- Preliminary Objection upheld
- Claim declined under the doctrine of res judicata
Authorities cited
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