Kenya County Government Workers Union v Nairobi Water & Sewerage Co. Ltd; National Union of Water & Sewerare Employee (Interested Party) (Cause E747 of 2021) [2022] KEELRC 1122 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's bid for workers' dues because a registered CBA cannot override court decisions limiting which union represents which workers.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant Union has locus standi to claim trade union dues from the Respondent
The Claimant lacks locus standi as the Respondent operates in the water sector reserved to NUWASE by prior decisions of the Court of Appeal and this Court; the registered recognition agreement and CBA do not cure the defect
The Court relied on Onyango J.'s decision in Kenya County Government Workers Union v Nairobi Water and Sewerage Company Limited, where prior decisions in C.A No. 213 of 2010 and Cause No. 439 of 2010 (confirmed by the Court of Appeal in Civil Appeal No. 18 of 2013) directed KCGWU to exclude water companies from its coverage and recognised NUWASE as the appropriate union. Consequently, the recognition agreement and CBA were in violation of those decisions and the present suit constituted an abuse of court process.
Whether the Proposed Interested Party should be joined
The joinder application was not determined on the Muruatetu merits because, the suit having been dismissed, there was no cause to which the interested party could be joined
The Court first resolved the substantive locus standi question against the Claimant. Once the suit was dismissed as an abuse of process, joinder became otiose. The Court adopted the Muruatetu/Trusted Society criteria as the governing threshold but did not apply them to NUWASE's application, disposing of it purely as a consequence of the dismissal.
Whether the Court should order remittance of union dues under the Labour Relations Act
No remittance order issued because the Claimant is not the union with mandate over the Respondent's employees
Although the Claimant argued that deduction and remittance of dues is a mandatory statutory obligation under Sections 48, 49 and 50 of the LRA triggered by check-off forms and ministerial order, and cited Rika J. in Wanxin Investments and KNUN v Busia County Public Service Board, the Court held these principles could not avail a union acting outside its sectoral mandate. The prior appellate determinations on representation prevailed over the statutory remittance claim.
Legal principles established
#- A union without mandate over a sector has no locus standi to claim trade union dues for employees in that sector, even where a CBA is registered
- Joinder of an interested party is discretionary and requires a demonstrable, proximate personal stake, demonstrated prejudice, and relevant non-replicative submissions (Muruatetu test)
Court orders
#- 1.The suit is dismissed with costs to the Respondent
- 2.The application to join the Proposed Interested Party is rendered moot since there is no suit remaining - 'Since there is no suit, there is no need to join the Interested Party to the cause.'
- Jurisdiction invoked
- First-instance employment and labour relations jurisdiction (ELRC); Articles 41(2)(c) and 41(4)(a) & (b) of the Constitution and Sections 48, 49 and 50 of the Labour Relations Act, 2007 invoked by the Claimant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Nairobi Water & Sewerage Co. Ltd; National Union of Water & Sewerare Employee (Interested Party) (Cause E747 of 2021) [2022] KEELRC 1122 (KLR)", Case Analysis (2022). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1122/eng@2022-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.