Kenya National Union of Road Contractors & Civil Engineering Workers v China Rail Way No 5 Engineering Group Company Limited (Cause E1068 of 2023) [2025] KEELRC 1742 (KLR) (13 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1742
- Citation
- [2025] KEELRC 1742 (KLR)
- Decided
- 13 June 2025
Summary at a glance
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramSC RUTTO
The Court is not satisfied that the Claimant has proved that it has locus standi to institute the suit on behalf of the remaining 99 persons appearing in paragraph 3 of the Memorandum of Claim.
Facts
The Kenya National Union of Road Contractors & Civil Engineering Workers filed a suit on behalf of 101 persons who were formerly employed by China Rail Way No 5 Engineering Group Company Limited. The claimants alleged that the Respondent failed to adhere to the Labour Institutions Act 2007 and denied their terminal dues.
Issues
- Whether the Claimant has locus standi to bring the suit on behalf of the 101 persons appearing in the Claim
- Whether there was an employment relationship between the Respondent and the confirmed grievants (if any)
- Whether the reliefs sought in the Statement of Claim are sustainable
Reasoning
The Claimant did not provide evidence of its capacity to represent the 101 persons and only two confirmed grievants testified. The Respondent's Non-Dispute Agreement was presented as evidence of the employment relationship.
Outcome
The Court dismissed the suit with costs.
Authorities cited
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