National Union of Water And Sewerage Employees v Nairobi City Water and Sewerage Company Limited; Kenya County Government Workers Union (Interested Party) (Cause 399 of 2012) [2025] KEELRC 1042 (KLR)
The bottom line
#A union suing to force an employer to sign a CBA lost because it called no witnesses, and the court dismissed everything.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant proved entitlement to mandatory and permanent injunctions against the Respondent
The claim was dismissed in its entirety as the Claimant failed to adduce any evidence
The court observed that although injunctions were sought, the substance of the dispute was a rivalry over demarcation of interests within the Respondent's unionisable establishment. The Respondent filed no pleadings. However, no party called witnesses, and the Claimant in particular adduced no evidence. Since none of the allegations were proved, the only available course was dismissal.
The Claimant's locus standi and the Interested Party's position as majority union
The court noted the contention but did not make a definitive finding on locus standi, dismissing instead for want of proof
The Interested Party challenged the Claimant's standing, asserting it represented 98% of the Respondent's unionisable employees and cited authority that NUWASE is not a legally recognised trade union with KUWASE being duly registered. The court recorded this rivalry but resolved the matter on evidentiary failure rather than on standing.
Legal principles established
#- A claimant who adduces no evidence in support of its allegations cannot obtain relief; unproved allegations warrant dismissal of the claim
Court orders
#- 1.Dismissal of the Claimant's claim
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court over trade disputes and CBA execution (Memorandum of Claim under the Labour Relations Act framework; specific provision not cited in the judgment)
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 Limited; Kenya County Government Workers Union (Interested Party) (Cause 399 of 2012) [2025] KEELRC 1042 (KLR)", Case Analysis (2025). Cause No 399 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1042/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.