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ELRCOtherNot stated in judgment (ELRC Cause; related matter ELRC Cause No. 448 of 2025)· [2025] KEELRC 1906 (KLR)

Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1906 (KLR)

Employment and Labour Relations Court
27 June 2025
SRSTELLA RUTTO
1,077 words in judgment
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The bottom line

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The ELRC refused to change its own judgment on its own initiative—only an aggrieved party's application triggers review under Rule 74.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi (Stella Rutto, J) deals with the aftermath of a judgment delivered on 30th May 2025 in which the Court found for the Claimant Union and directed the Respondent to deduct and remit trade union dues for employees who had signed check-off forms. Upon delivery, the Respondent's Advocate, Mr. Mwangi, sought a stay, asserting that the Registrar of Trade Unions had cancelled the Claimant Union's registration on 25th April 2025, a fact unknown to the Court at judgment. The Court stayed the judgment and fixed mention for 18th June 2025. At mention, the Respondent reiterated the deregistration and filed the cancellation order; the Claimant, through Mr. Munai and an affidavit of its Secretary General Fenus Okonji, maintained it remained registered, that the cancellation communication was administrative and already under litigation in ELRC Cause No. 448 of 2025, and that the Court was now functus officio. The Court held that while the new evidence would ordinarily ground review under Rule 74(1)(a) of the ELRC (Procedure) Rules 2024, review can only be triggered by an application from an aggrieved party. The Court's only suo motu power, under Rule 75, is confined to correcting errors. Having not been moved appropriately, the Court declined to issue review orders and granted the parties liberty to move the Court as appropriate. No costs order was made.

Key legal issues

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Whether the Court could revisit its judgment of 30th May 2025 on its own initiative upon post-judgment evidence of the Claimant Union's deregistration

Holding

It could not. Review under Rule 74(1)(a) is available only to an aggrieved party who applies within reasonable time on discovery of new and important matter; the Court was not moved appropriately and suo motu power is confined to correction of errors under Rule 75

Reasoning

The Court acknowledged that the deregistration evidence was new and not within its knowledge at judgment, which would ordinarily ground review. However, Rule 74(1) is triggered by an application from an aggrieved party, not the Court's own motion. The only suo motu power is under Rule 75, limited to correction of errors. Absent an application, the Court's hands are tied and it cannot issue review orders.

p. 3

Legal principles established

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  • The power of review under Rule 74(1) of the ELRC (Procedure) Rules 2024 may be exercised only on application by a party aggrieved by the decree or order; the Court cannot review its own judgment suo motu

Court orders

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  1. 1.The Court declined to issue any orders of review in the absence of an appropriate application
  2. 2.Parties are at liberty to move the Court as appropriate

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules 2024Rule 74(1)
  • Employment and Labour Relations Court (Procedure) Rules 2024Rule 75
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules 2024, Rule 74(1) (review jurisdiction); post-judgment directions

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, "Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1906 (KLR)", Case Analysis (2025). Not stated in judgment (ELRC Cause; related matter ELRC Cause No. 448 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1906/eng@2025-06-27

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