Hadullo & another v Registrar of Trade Unions & 3 others (Petition E050 of 2024) [2025] KEELRC 489 (KLR)
The bottom line
#Kenya's Employment Court struck out a petition against KUPPET, ruling that a union official's removal dispute belongs in an ordinary employment cause, not a constitutional petition.
What this practically means
#Executive summary
#Key legal issues
#Whether the Notice of Preliminary Objection meets the threshold of a Preliminary Objection
The court was satisfied that, viewed in their totality, the grounds raised met the threshold of a proper preliminary objection.
Guided by Mukisa Biscuit, the court observed that although some grounds touched on facts, the respondents' objection, taken as a whole, comprised pure points of law such as jurisdiction and standing capable of disposing of the suit at a preliminary stage.
Whether the Petition is sub judice ELRC Petition No. 28 of 2016
The sub judice objection failed because the respondents did not provide details of the earlier petition to enable comparison of the issues.
Section 6 of the Civil Procedure Act bars trial where the matter is directly and substantially in issue in a pending suit. The court found the earlier file closed by consent and the respondents had not shown which issues were directly and substantially in issue, making the comparison impossible.
Whether the Petitioners have locus standi
The Petitioners, as members of the union, had standing under Articles 22 and 258 of the Constitution.
Articles 22 and 258 confer standing on every person, and public interest litigation enjoys broadened locus standi per the Supreme Court in Mumo Matemu. Though the Petitioners did not demonstrate a specific public interest element, the court was persuaded they had standing to sue.
Whether the Petition meets the Anarita Karimi Njeru threshold and raises a constitutional issue
The Petition did not meet the constitutional petition threshold; the dispute over removal of a union official falls under Section 12(1)(g) of the ELRC Act and should have been filed as a cause.
Although various Articles were cited, only Articles 41, 47 and 50(1) were relied upon, and those are typically canvassed in ordinary employment claims. The petition raised no issue requiring constitutional interpretation and was thus an abuse of process warranting striking out.
Whether the doctrine of exhaustion barred the Petition
The court found no demonstration that internal dispute resolution mechanisms had been exhausted or that the matter fell within the statutory exceptions.
Under the Fair Administrative Action Act and case law, courts are a last resort. The Petition followed an earlier suit struck out for non-exhaustion of internal mechanisms, and the Petitioners did not show efforts to resolve the dispute internally nor invoke the exceptions under Section 9(4) of the FAAA.
Legal principles established
#- A constitutional petition must set out with reasonable precision the provisions of the Constitution said to be infringed and the manner of infringement.
- Rights that can be enforced under ordinary statutory frameworks should not be litigated as constitutional petitions.
Court orders
#- 1.The instant Petition is struck out to facilitate its filing as a cause for hearing and determination.
- 2.Each party to bear their own costs.
- Jurisdiction invoked
- Articles 22, 23 and 258 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Odoyo v Universities Academic Staff Union (UASU); Registrar of Trade Unions (Interested Party) (Petition E013 of 2025) [2025] KEELRC 3746 (KLR)[2025] KEELRC 3746 (KLR)22 Dec 2025distinguished
Cite this brief
#Cite this brief
Caselaw, "Hadullo & another v Registrar of Trade Unions & 3 others (Petition E050 of 2024) [2025] KEELRC 489 (KLR)", Case Analysis (2025). Petition No. E050 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/489/eng@2025-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.