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ELRCDismissedNot stated in judgment (Notice of Motion dated 29th February 2024 in a main petition)· [2025] KEELRC 1078 (KLR)

Kenya Union of Water & Sewerage Employees (KUWASE) v Attorney General & another; Proposed Water Service Worker Union & 7 others (Interested Parties) (Employment and Labour Relations Petition E188 of 2023) [2025] KEELRC 1078 (KLR)

Employment and Labour Relations Court
3 April 2025
HWHellen Wasilwa
1,037 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 Court ruled an unregistered union holding a Registrar's promotion certificate can stay in a case as an interested party, despite lacking full legal capacity.

What this practically means

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Executive summary

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The 1st Interested Party, Water Service Workers Union (WaSWU), moved the Court by Notice of Motion dated 29th February 2024 seeking to be struck out as a party to the main petition on the ground that it is not a registered trade union and therefore lacks legal capacity to sue or be sued under Section 21(1)(b) of the Labour Relations Act. It relied on the fact that it holds only an Interim/Promotion Certificate issued under Section 12(3) and has not completed registration. The Petitioner opposed, arguing the interested parties had already been joined by order of 5th October 2023, that a Preliminary Objection had been dismissed on 24th May 2024, and that striking out the union would leave the petition, which touches on its registration, without a key party. The Petitioner also questioned the Applicant's authority to act and invoked Section 18(4) and Section 35(6) of the Labour Relations Act regarding sectoral registration and union officials. The Court accepted that an unregistered union lacks capacity to sue and be sued, but held that the Registrar's authority to promote the union's establishment made it a recognised entity for that purpose and that its presence as an interested party caused no prejudice to the petitioners, particularly as the petition concerns its registration. The application was dismissed with costs in the petition.

Key legal issues

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01

Legal capacity of an unregistered trade union

Holding

The Court acknowledged that the 1st Interested Party, not yet registered, lacks legal capacity to sue and be sued, but held this did not justify its removal from the proceedings

Reasoning

Section 21(1)(b) of the Labour Relations Act grants legal capacity only upon registration. However, the 1st Interested Party held an Interim/Promotion Certificate issued under Section 12(3), and had completed promotion and applied for registration. The Court found the Registrar's go-ahead made it a recognised entity for promotion purposes, and as an interested party alongside its officials, its presence caused no prejudice to the petitioners.

p. 3
02

Prejudice from the 1st Interested Party's continued participation

Holding

The presence of the 1st Interested Party would not prejudice the petitioners, especially as the petition touches on the 1st Interested Party

Reasoning

The Court reasoned that since the main petition directly concerns the proposed registration of the new union, the 1st Interested Party has a direct stake. No prejudice was identified by the petitioners. The joinder application of 5th October 2023 had already been allowed, embedding the interested parties in the suit.

p. 3

Legal principles established

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  • An unregistered trade union lacks legal capacity to sue and be sued under Section 21(1)(b) of the Labour Relations Act, but a party holding a Registrar's authority to promote a union under Section 12 is a recognised entity for that purpose and may remain an interested party

Court orders

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  1. 1.The application for the 1st Interested Party to be struck out of the proceedings is dismissed
  2. 2.Costs in the petition
Jurisdiction invoked
Sections 12, 19 and 21 of the Labour Relations Act and Order 1 Rule 9 of the Civil Procedure Rules

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, "Kenya Union of Water & Sewerage Employees (KUWASE) v Attorney General & another; Proposed Water Service Worker Union & 7 others (Interested Parties) (Employment and Labour Relations Petition E188 of 2023) [2025] KEELRC 1078 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 29th February 2024 in a main petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1078/eng@2025-04-03

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