Kenya Naional Private Security Workers Union v Patriotic Group of Companies (Cause E006 of 2023) [2025] KEELRC 933 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether or not the impugned judgment was irregular
- 2.Whether the applicant has shown sufficient cause for setting aside the impugned judgment
Key legal issues
#Whether service of summons and pleadings by email and WhatsApp without prior leave of court constituted proper service on a corporate body
No - the ELRC Procedure Rules 2016 did not provide for electronic service of summons; electronic service fell under the residual subrule (2) requiring prior leave, which was not obtained, so service was improper and the judgment was irregular
Rule 12(1) prescribed service on a corporate body only on its secretary, director or principal officer, or at its registered or business address by registered courier or post. Electronic service was not among these modes. Subrule (2) permitted other methods but only with prior leave of court. Service here was effected by email and WhatsApp without leave, so it did not comply with the rules and the resulting judgment was irregular.
Whether the applicant showed sufficient cause for setting aside the judgment
Having found the judgment irregular for want of proper service, the applicant needed to show nothing more; setting aside must issue as a matter of course
The court distinguished regular from irregular judgments. Where the defendant satisfies the court that the judgment was irregularly obtained, a defence need not be demonstrated. Since proper service was absent, nothing more was required, and the court set aside the judgment and granted leave to defend subject to throw away costs.
Legal principles established
#- A regular judgment is one entered on a defendant properly served with pleadings and summons who failed to enter appearance; the court may set it aside on just terms.
- An irregular judgment, entered without proper service, must be set aside as a matter of course whether or not the defendant has a defence.
- Once irregularity for want of service is established, setting aside must issue as of course.
Court orders
#- 1.The judgment delivered on 12th April 2024 is hereby set aside
- 2.The Respondent/Applicant has 21 days from today to file and serve its pleadings
- 3.The Respondent/Applicant to pay the claimant throw away costs of Kshs.15,000 within 21 days of this ruling, in default the claimant may execute against the Respondent/Applicant for the same
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent powers of the Employment and Labour Relations Court under the ELRC Procedure Rules 2016 to set aside irregular default judgments
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The judgment delivered on 12th April 2024 is hereby set aside.
The Respondent/Applicant has 21 days from today to file and serve its pleadings.
The Respondent/Applicant to pay the claimant throw away costs of Kshs.15,000 within 21 days of this ruling and in default the claimant will be at liberty to execute for the same against the Respondent/Applicant.
the claimant did not efiect proper service on the applicant and the impugned judgment was irregular
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Naional Private Security Workers Union v Patriotic Group of Companies (Cause E006 of 2023) [2025] KEELRC 933 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/933/eng@2025-03-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.