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ELRCDismissedCause No 399 of 2012· [2025] KEELRC 1042 (KLR)

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)

Employment and Labour Relations Court
3 April 2025
886 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Claimant, a registered trade union for water sector employees with a Recognition Agreement with the Respondent, claimed that a negotiated CBA had expired on 31st July 2011 and that its proposals for a new CBA led to a trade dispute reported to the Minister for Labour on 4th February 2011. A conciliator, J.N Makaa, was appointed but the dispute was unresolved. The Claimant sought a mandatory injunction compelling the Respondent to execute a CBA incorporating its proposals, and a permanent injunction restraining harassment and victimisation of its members. It accused the Respondent of colluding with the Interested Party, a rival union, to lock it out of the Respondent's unionisable establishment, partly because of pending claims by its members. The Respondent filed no response or submissions. The Interested Party denied being a stranger-tool of the Respondent, challenged the Claimant's locus standi on the basis that the Claimant had been replaced by the Kenya Union of Water and Sewerage Employees, and asserted it represented 98% of the unionisable employees. It cited authority affirming that NUWASE is not a legally recognised trade union. No party called witnesses and the Claimant adduced no evidence. The court characterised the dispute as one of demarcation of union interests, found none of the allegations proved, dismissed the claim, and ordered each party to bear their own costs.

Key legal issues

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01

Whether the Claimant proved entitlement to mandatory and permanent injunctions against the Respondent

Holding

The claim was dismissed in its entirety as the Claimant failed to adduce any evidence

Reasoning

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.

p. 3
02

The Claimant's locus standi and the Interested Party's position as majority union

Holding

The court noted the contention but did not make a definitive finding on locus standi, dismissing instead for want of proof

Reasoning

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.

p. 2

Legal principles established

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  • A claimant who adduces no evidence in support of its allegations cannot obtain relief; unproved allegations warrant dismissal of the claim

Court orders

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  1. 1.Dismissal of the Claimant's claim
  2. 2.Each party to bear their own costs

Authorities

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Cases cited (1)

  • Kenya County Government Workers Union v Nairobi City Water & Sewerage Co Ltd & 3 others; National Union of Water & Sewerage Employees (Interested Party)
    [2023] KEELRC 2502 (KLR)
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

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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, "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.