Waema & 2 others v Mbugua & 4 others (Petition 8 of 2020) [2025] KEELRC 1225 (KLR)
The bottom line
#Kenya's Employment Court ruled that dissolving a trade union branch without hearing its officials is illegal, and ordered three union leaders to personally pay KSh 2 million.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the dissolution of the 4th respondent, Mombasa branch, was procedural and or lawful
- 2.Whether the decision of the 5th respondent in approving the dissolution of the 4th respondent's Mombasa branch is lawful
- 3.Whether the 1st, 2nd, and 3rd respondents are fit to hold office under the 4th respondent
- 4.Whether the respondents are in violation of the LRA such that the national vice-chairman should be directed to convene an NEC meeting to appoint a general secretary
- 5.Whether an order directing the assistant national treasurer to render accounts for monies received into the Sidian Bank account since 2016 should be issued
- 6.Who should pay costs
Key legal issues
#Whether the dissolution of the Mombasa branch was procedural and lawful
The dissolution was wrongful, unlawful, ultra vires, null and void; the 1st respondent acted suo motto, manipulated records (two sets of minutes for one meeting), and did not notify the branch members or elected officials
The NEC resolution of 22 September 2018 cited clause 7 (fewer than 1000 members), but the Registrar's letter of 8 October 2018 corrected that Rule 8(b) was the applicable provision and required proper disbandment procedures. Two sets of minutes dated 22 and 24 September 2018 with differing contents demonstrated record manipulation. The branch secretary was not heard, and notices were sent to addresses that did not belong to the petitioners.
Whether the Registrar of Trade Unions (5th respondent) lawfully approved the dissolution
The Registrar failed in its legal mandate by allowing itself to be misled by manipulated records before issuing the dissolution notice dated 4 November 2018
The Registrar had itself acknowledged conflicting membership figures (1800 per the branch, 327 per the union) and had earlier declined the dissolution by its letter of 8 October 2018 requiring proper disbandment procedures. It nevertheless proceeded to issue the dissolution notice without resolving the conflict and did not invoke its powers under sections 44 and 46 of the LRA to inspect accounts.
Whether the respondents breached the LRA in the management of union funds and bank accounts
Yes; operating the Kingdom Bank account without Minister or NEC approval breached sections 48(2) and 50(9) of the LRA, and no audited accounts were filed in breach of section 42
The 1st respondent admitted opening an account at Kingdom Bank for a donor project without a union resolution. Funds from third parties for the union should have gone to the Minister-designated account. No audited accounts were produced, and the Registrar confirmed it had not received annual returns since 2016. The respondents are jointly and severally liable.
Remedies for the constitutional rights violations
Damages of Ksh. 2,000,000 awarded against the 1st, 2nd and 3rd respondents personally, guided by comparative awards for constitutional violations
The court considered awards in Ogila v Dawa Life Sciences (Ksh. 2,000,000), Gichuru v Package Insurance Brokers (reduced to Ksh. 2,000,000), VMK v CUEA (Ksh. 5,000,000 exemplary damages) and Kenya Railways Corporation v Omboto (Ksh. 5,000,000 affirmed), and found Ksh. 2,000,000 appropriate for all petitioners jointly.
Legal principles established
#- A member or branch of a trade union cannot be condemned unheard before dissolution of the branch; dissolution without due process and natural justice is an unfair labour practice and null and void
- A trade union must operate only the official bank account registered with the Minister under section 48(2) of the LRA; operating another account without NEC and Minister approval is unlawful, null and void
- The general secretary's power is for the benefit of union members including branches; acting suo motto to a branch's disadvantage is wrongful and unlawful
Court orders
#- 1.A declaration that the dissolution of the Mombasa branch of the 4th respondent is unprocedural, hence illegal, null and void
- 2.A declaration that the respondents have jointly and severally violated the constitutional rights of the petitioners
- 3.The petitioners are awarded Ksh.2,000,000 in damages to be paid personally by the 1st, 2nd, and 3rd respondents
- 4.The 5th respondent shall attend and inspect all bank accounts held by the 4th respondent, including Sidian Bank of Kenya account No. 01003020018889 since 2016, render an audit and submit a report to the court within 60 days at the costs of the 4th respondent
- 5.The petitioners are awarded costs
- 6.Mention in 60 days on 30 June 2025
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Constitution of Kenya (Articles 10, 36, 41 and Chapter 6 invoked) and the Labour Relations Act; petition filed in the ELRC
Relief refused
#Declaration that the 1st, 2nd and 3rd respondents are unfit to hold public office under Chapter Six of the Constitution
The court did not grant this specific declaration, instead finding the 1st, 2nd and 3rd respondents personally liable for breach and ordering them to pay damages and audit costs
Order directing the national vice-chairman to convene an NEC meeting within 60 days to appoint a general secretary
Not expressly granted in the final orders; the disposition instead directed inspection and audit of accounts
Order of permanent injunction restraining the respondents from interfering with the petitioners' performance of their elective duties
Not included among the final orders issued in the disposition
Costs
The petitioners are awarded costs, to be met by the 1st, 2nd, and 3rd respondents jointly and severally; the 5th respondent shall enforce the court's orders at the cost of the 4th respondent
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.
A declaration that the dissolution of the Mombasa branch of the 4th respondent is unprocedural, hence illegal, null and void;
The petitioners are hereby awarded Ksh.2,000,000 in damages to be paid personally by the 1st, 2nd, and 3rd respondents;
The 5th respondent shall attend and inspect all bank accounts (s) held by the 4th respondent, including Sidian Bank of Kenya account No. 01003020018889 since 2016; render an audit and submit a report to the court within 60 days at the costs of the 4th respondent;
There is sheer manipulation of records to fit a purpose.
A party or member of the trade union acting for the branch can therefore not be condemned unheard before a dissolution of the union branch.
To act suo motto to the afiected branch's disadvantage is wrongful and unlawful.
Issues in the judgment
#Paragraph numbering repeats - two consecutive passages are both numbered 107, and the numbering skips from 109 (with quoted 110 and 112 sub-numbering) to 112
The petition describes the 1st respondent's office as general secretary while the determination at one point refers to 'the 2nd respondent and chairman' in a way that could confuse which office is meant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waema & 2 others v Mbugua & 4 others (Petition 8 of 2020) [2025] KEELRC 1225 (KLR)", Case Analysis (2025). Petition (ELRC Mombasa, number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1225/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.