Atik t/a National Union of Water and Sewerage v Jeruto & 11 others (Employment and Labour Relations Cause E923 of 2023) [2024] KEELRC 1841 (KLR) (12 July 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1841
- Citation
- [2024] KEELRC 1841 (KLR)
- Decided
- 12 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureClaimant's Preliminary Objection to be DeterminedCoramSTELLA RUTTO
Holding
The Court finds that the Claimant lacks locus standi to institute and prosecute the suit as a natural person.
Facts
The case involves a trade union (Atik) and various employers (respondents). The claimant seeks to bring a suit in his own name as a natural person, while the trade union has the capacity to sue in its own name.
Issues
- Claimant's Locus Standi
- Trade Union Capacity to Sue
Reasoning
The Court applies Section 21 of the Labour Relations Act, which grants trade unions the capacity to sue and be sued in their own name, making the natural person claimant ineligible.
Outcome
The suit is struck out.
Orders
- Suit Struck Out
Authorities cited
Legislation (1)
- Labour Relations Act
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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