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ELRCDismissedELRC Cause (CBA) No. 34 of 2021 and associated applications· [2025] KEELRC 1546 (KLR)

Kenya County Government Workers Union v Nairobi Water & Sewarage Company Ltd & 2 others (CBA 34 of 2020) [2025] KEELRC 1546 (KLR)

Employment and Labour Relations Court
29 May 2025
3,359 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to revive a rejected union CBA, ruling that changed circumstances require filing a fresh case, not asking for review.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nairobi, Ongaya PJ, determined two applications arising from the ruling of M. Onyango J of 15.01.2021 declining to register a CBA between the Kenya County Government Workers Union (KCGWU) and Nairobi City Water and Sewerage Company Limited. First, KCGWU's notice of motion sought review of that ruling and declarations that the ruling was specific to CBA No. 34 of 2021 and that the union could recruit and negotiate with water companies across the 47 counties. The objector union opposed, arguing res judicata, lack of locus, and absence of any error apparent on the face of the record, and that the Court was functus officio. The Court held that the refusal to register the CBA was specific to the parties to that CBA; the decisions relied on related to specific disputes at specific material times. It found no fresh evidence or error apparent warranting review, and held that changed circumstances and new causes of action should be pursued in fresh proceedings. Second, NUWASE (styling itself as 2nd respondent with 4 others) sought joinder and leave to commence contempt proceedings against KCGWU officials, the company, KUWASE officials and the Registrar of Trade Unions. The Court found the joinder misconceived as the dispute was rested with finality; NUWASE appears not to exist as a registered union per Mwaure J's finding, the other applicants were unidentified, and particulars of contempt were not shown, contempt properly lying in the suits where the orders were made. Both applications were disallowed with each party bearing own costs. The Court also observed, following the Court of Appeal in Wajir Wasco, that water and sewerage company employees are county government employees, with the appropriate union to be determined through sectoral collective bargaining processes.

Key legal issues

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01

Whether the ruling of 15.01.2021 should be reviewed

Holding

The review application fails because no fresh evidence or error apparent on the face of the record was disclosed

Reasoning

The Court found the ruling declining registration of the CBA was specific to the parties to that CBA. The decisions cited in that ruling related to specific disputes at specific times and with specific parties. Where material facts change as to sectors of representation, parties must pursue their rights under new causes of action in fresh, appropriate legal proceedings rather than by way of review. No ground for review by way of fresh evidence or error apparent was disclosed.

p. 7
02

Whether NUWASE should be enjoined and leave granted to commence contempt proceedings

Holding

The joinder and contempt application fails

Reasoning

The dispute on registration of the CBA was rested with finality by the ruling of M. Onyango J on 15.01.2021, so the proposed joinder serves no purpose. NUWASE appears not to exist as a duly registered union per the findings of Mwaure J, and the four other applicants were unidentified. Particulars of contempt were not shown; the alleged contempt related to orders in other suits where contempt proceedings ought properly be commenced.

p. 6
03

The status of employees of water and sewerage companies and appropriate union representation

Holding

The Court of Appeal's decision in Wajir Wasco indicates water and sewerage company employees are county government employees; the appropriate union is best determined by sector players through the right to associate and collectively bargain

Reasoning

Relying on the Court of Appeal decision in Wajir Wasco Limited, the Court observed that employees of water and sewerage companies are employees of county governments and subject to Public Service Commission appeal procedures. The appropriate union to represent them must be determined within the parameters of the employees' rights to associate and collectively bargain and considerations of strong unionism, a decision best left to the players in the sector under established law and best unionism practices.

p. 7

Legal principles established

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  • A refusal to register a CBA is specific to the parties to that CBA and does not operate as a general bar; changed circumstances and new causes of action must be pursued in fresh proceedings, not by review
  • Review is not the proper vehicle where no fresh evidence or error apparent on the face of the record is disclosed; changed circumstances call for fresh legal proceedings
  • A party that is not a duly registered union lacks standing to mount contempt proceedings; contempt must be pursued in the suits in which the orders said to be disobeyed were made

Court orders

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  1. 1.The application for review dated 21.05.2024 is disallowed
  2. 2.The application for joinder and leave to commence contempt proceedings dated 29.01.2025 is disallowed
  3. 3.Each party to bear own costs
Jurisdiction invoked
Sections 12 and 16 of the Employment and Labour Relations Court Act; rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016; Order 51 Rule 1 of the Civil Procedure Rules, 2010

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 County Government Workers Union v Nairobi Water & Sewarage Company Ltd & 2 others (CBA 34 of 2020) [2025] KEELRC 1546 (KLR)", Case Analysis (2025). ELRC Cause (CBA) No. 34 of 2021 and associated applications. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1546/eng@2025-05-29

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