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ELRCPartially AllowedPetition E027 of 2023 (related application)· [2025] KEELRC 282 (KLR)

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

Employment and Labour Relations Court
5 February 2025
NMNzioki wa Makau
323 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment and Labour Relations Court lifted a freeze on a trade union's accounts, ruling officials can access funds without harming ongoing contempt proceedings.

What this practically means

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Executive summary

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This interlocutory ruling by Nzioki wa Makau J. of the Employment and Labour Relations Court at Kisumu, delivered on 5th February 2025, dealt with the freezing of a trade union's accounts. The Petitioners/Applicants, who have an ongoing application for contempt arising from alleged willful disobedience of the orders of Radido J. in Petition E027 of 2023, contended that the accounts should remain frozen because of the failure to comply with court orders. Both the Union and the other Respondents opposed the continued freeze. The court considered section 39 of the Labour Relations Act, which prescribes the permissible application of trade union funds, including payment of officials' salaries, allowances and expenses, administration costs, fees and subscriptions. Noting that the accounts had been frozen from late December 2024 through the first week of February 2025, the court found that access to the Union's funds by the officials comprised in the 1st Respondent would not jeopardize any action against alleged contemnors of the orders in Petition E027 of 2023, observing that freezing of funds is not res judicata. The court vacated the freeze order granted on 10th December 2024 and released the garnishees. On the contempt application, the parties were directed to file skeletal submissions of three pages within fourteen days, with mention on 19th February 2025 for further directions. Parties were granted liberty to apply. No costs order was made.

Key legal issues

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01

Whether the freeze on the Union accounts should be maintained

Holding

The court found that access to the Union's funds by its officials would not jeopardize any contempt action, and vacated the freeze order of 10th December 2024.

Reasoning

The freeze had been in place from late December 2024 into February 2025 to prevent payments beyond those permitted by section 39 of the Labour Relations Act. The court found no connection between access to the funds and the alleged willful disobedience of the orders of Radido J. in Petition E027 of 2023, and concluded the freeze should be lifted while contempt proceedings continue.

p. 1
02

Permissible application of trade union funds

Holding

The court applied section 39 of the Labour Relations Act, under which union funds may be applied to salaries, allowances and expenses of officials, administration, fees and subscriptions.

Reasoning

The freeze had been intended to stop any payments other than those permitted under section 39. The court invoked the provision as the governing framework for use of union funds and found continued freezing unnecessary, releasing the garnishees.

p. 1

Legal principles established

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  • Freezing of funds is not res judicata
  • Section 39 of the Labour Relations Act prescribes the permissible uses of trade union funds

Court orders

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  1. 1.The freeze order granted on 10th December 2024 on the Union accounts is vacated
  2. 2.The garnishees are released
  3. 3.Parties to file skeletal submissions of 3 pages within 14 days on the issue of contempt
  4. 4.Mention on 19th February 2025 for further directions on the application for contempt
  5. 5.Parties be at liberty to apply
Jurisdiction invoked
Section 39 of the Labour Relations Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Otieno & 2 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2025] KEELRC 282 (KLR)", Case Analysis (2025). Petition E027 of 2023 (related application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/282/eng@2025-02-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.