Otieno & 37 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2024] KEELRC 99 (KLR) (31 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 99
- Citation
- [2024] KEELRC 99 (KLR)
- Decided
- 31 January 2024
Summary at a glance
TypeLabour Relations PetitionPostureRespondents' Motion to Abandon and Judgment Reserved, Petitioners' Further A& and Submissions, Respondents' Joint Submissions, Petitioners' Further A& and Submissions, JudgmentCoramRADIDO
Declares 2nd-4th Respondents in contravention of their fiduciary responsibilities and duties under the Labour Relations Act and the Constitution of the Union by failing to make all books of account available for inspection.
Facts
Petitioners alleged that Respondents breached their fiduciary duty by failing to remit PAYE on behalf of Union employees and failed to disburse funds to the Union's branch. Respondents denied these allegations.
Issues
- Financial probity of the Union and unlawful processes by Respondents to bar members' inspection of books of accounts.
- Poor leadership and despotic approaches of the Union.
Reasoning
The Court found the Petitioners' allegations credible and ordered the Respondents to make all books of account available for inspection within 15 days. The Petitioners were also allowed to raise the agenda of financial management at the National Delegates Conference.
Outcome
Judgment granted, orders issued
Orders
- Declare 2nd-4th Respondents in contravention of fiduciary responsibilities
- Direct Respondents to make books of account available for inspection
- Allow Petitioners to raise financial management agenda at National Delegates Conference
Remedies
- Suspension of 2nd-4th Respondents
- Declarations of unfitness to hold office
- Convening of National Delegates Conference within 60 days
Authorities cited
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