National Union of Water and Sewerage Employees v Nairobi City Water and Sewerage Company Ltd & 4 others (Cause 755 of 2013 & 2133 of 2011 & 823A, 2504, 2020, 2062 & 1526 of 2012 & 1007 & 977 of 2017 & 2107 of 2016 (Consolidated)) [2019] KEELRC 172 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Legitimate officials of NUWASE
Only officials elected in the 2016 elections hold valid positions; all pre-2016 elective positions were declared vacant by the calling of the 2016 national elections
The Registrar of Trade Unions, under Section 34 of the Labour Relations Act, calls union elections every five years. The last elections were held in 2016, in which the team led by Elijah Otieno Awach was elected and registered. Cases filed before those elections by former officials were therefore redundant; only disputes challenging the 2016 elections remain live.
Demarcation between NUWASE and KCGWU (formerly KLGWU)
Demarcation disputes between the two unions have been conclusively resolved; all suits on the subject are redundant and should be closed
The Industrial Court in C.A. No. 213 of 2010 directed KLGWU to delete reference to councils' water companies from its CBA, and in Cause No. 439 of 2010 held NUWASE to be the appropriate union for water company employees, restraining KLGWU from representing them. These decisions were upheld by the Court of Appeal in Civil Appeal No. 18 of 2013, putting the issue to rest.
Multiplicity of suits / abuse of court process
The multiple causes filed by persons purporting to be union officials amounted to forum shopping and an abuse of process, justifying closure of redundant files
The Registrar's report showed the Claimants filed numerous causes presenting themselves as NUWASE officials seeking similar prayers, described as forum shopping on issues already determined. KCGWU similarly averred the multitude of suits wasted judicial time and that the Claimants lacked locus standi as they were not registered officials.
Legal principles established
#- Union officials elected prior to the 2016 national elections ceased to hold office upon the calling of those elections; only disputes challenging the 2016 elections are valid
- The Industrial Court determined that NUWASE is the appropriate union for employees of water companies, a position upheld on appeal
Court orders
#- 1.All files relating to demarcation between NUWASE and KCGWU are closed, including Cause 2133 of 2011, Cause 823A of 2012 and 823 of 2012, Cause 2020 of 2012, Cause 2062 of 2012 and Cause 1526 of 2013
- 2.Cause No. 1007 of 2017 as consolidated with Cause No. 2107 of 2016 and 977 of 2017 to proceed to hearing and final determination
- 3.The Deputy Registrar to physically remove the closed files from the registry to the archives to avoid further multiplicity of suits
- 4.Each party shall bear their costs
- 5.Cause No. 1007 of 2017 as consolidated be set down for hearing on priority basis
- Jurisdiction invoked
- Inherent case-management powers of the Employment and Labour Relations Court over causes filed before it, including Section 34 of the Labour Relations Act as regards union elections
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Union of Water and Sewerage Employees v Nairobi City Water and Sewerage Company Ltd & 4 others (Cause 755 of 2013 & 2133 of 2011 & 823A, 2504, 2020, 2062 & 1526 of 2012 & 1007 & 977 of 2017 & 2107 of 2016 (Consolidated)) [2019] KEELRC 172 (KLR)", Case Analysis (2019). Cause No. 755 of 2013 (with Causes 2133 of 2011; 823A of 2012 consolidated with 2504 of 2012; 2020 of 2012; 2062 of 2012; 1526 of 2013; 1007 of 2017 consolidated with 977 of 2017 and 2107 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/172/eng@2019-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.