Otieno & 2 others v Union of Kenya Civil Servants & 3 others [2025] KEELRC 282 (KLR)

Otieno & 2 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2025] KEELRC 282 (KLR) (5 February 2025) (Ruling)

Neutral citation: [2025] KEELRC 282 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kisumu

Petition E027 of 2023

Nzioki wa Makau, J

February 5, 2025

Between

Bernard Otieno

1st Applicant

Malic M. Shanguya

2nd Applicant

Patrick Odero & 35 others

3rd Applicant

and

Union of Kenya Civil Servants

1st Respondent

Tom Mboya Odege

2nd Respondent

Alisokor Mohamud Ishaq

3rd Respondent

Abdulmalik A. Abdalla

4th Respondent

Ruling

1. The issue that is squarely before Court is the matter of freezing of the Union Accounts. This has been contested by both the Union and the other Respondents herein. It is asserted that the same is connected to the willful disobedience of court order in Petition E027 of 2023. The Petitioners/Applicants assert the accounts should remain frozen as there has been failure to comply with court orders.

2. Section 39 of the Labour Relations Act provides the manner and mode for application of trade union funds. One of the purposes is payment of salaries, allowances and expenses of officials, payout of expenses for the administration of the trade union, payment of fees and subscriptions et cetera. In the matter before the Court, the Union accounts have been frozen for the large part of late December 2024, January 2025 and now the first week of February 2025. The freeze was to stop payment of anything other than these sums permitted under the provision of section 39. Whereas the Petitioners seem to suggest the 1st Respondent has not operated as directed by Radido J. in his judgment relating to Petition E027 of 2023, it is my finding that the access to funds of the Union by the Union officials comprised in the 1st Respondent will not jeopardize any action by the Petitioners against any alleged contemnor of the clear orders of Radido J. in Petition E027 of 2023. Freezing of funds is not res judicata.

3. The Court thus will vacate the freeze order granted on 10th December 2024. Garnishees are released.

4. Regarding the issue of contempt, parties are to file skeletal submissions 3 pages – within 14 days of today. Mention on 19th February 2025 for further directions on the application for contempt.

5. Parties be at liberty to apply.It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF FEBRUARY 2025Nzioki wa Makau, MCIArb.JUDGE