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ELRCDismissedCause No E031 of 2025· [2025] KEELRC 2005 (KLR)

Banking, Insurance and Finance Union (K) v Mwalimu National Sacco Society Ltd & another; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E031 of 2025) [2025] KEELRC 2005 (KLR)

Employment and Labour Relations Court
4 July 2025
ANAgnes Kitiku Nzei
1,522 words in judgment
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The bottom line

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Kenya's Employment Court ruled a union's dispute against Mwalimu Sacco must go to full hearing because a shortcut objection raised disputed facts, not pure law.

What this practically means

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Executive summary

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Banking Insurance and Finance Union (K) filed a statement of claim dated 20th January 2025 seeking, among other reliefs, revocation of the 2003 Recognition Agreement between Mwalimu National Sacco Society Limited and Kenya Union of Commercial Food and Allied Workers, an order that the National Labour Board file its findings and recommendations, and that the Sacco sign a new recognition agreement with the Claimant under Section 54 of the Labour Relations Act. The suit was defended; the 1st and 2nd Respondents did not participate in the preliminary objection stage, while the Interested Party, KUCFAW, raised a preliminary objection dated 6th February 2025 contending that the suit violated Sections 54(6) and (7), 69(a), 2(a) and (e) and 73(3) of the Labour Relations Act and Rule 8(1) of the ELRC (Procedure) Rules 2024, was premature and an abuse of process, and ought to be dismissed with costs. The Claimant, through an affidavit sworn by its National Organizing Secretary, Isaiah Munoru Mucheke, countered that it had complied with all statutory prerequisites, including conciliation, referral to the National Labour Board, a certificate of unresolved dispute, and due authorisation of its officers. Justice Agnes Kitiku Nzei applied the classic Mukisa Biscuits test, holding that although the objection was framed on statutory provisions, each ground required verification by contested facts and evidence, and therefore could not be a pure point of law. The preliminary objection was overruled and dismissed with no order as to costs, and the suit was directed to be fast-tracked and set down for hearing.

Key legal issues

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01

Whether the preliminary objection raised pure points of law capable of determination without ascertainment of facts

Holding

The objection was overruled because each ground required verification by matters of fact, drawing on the Mukisa Biscuits test

Reasoning

Though the objection cited specific provisions of the Labour Relations Act and the ELRC Rules, the Claimant's answering affidavit referred to bundles of exhibits contesting each ground, inviting the Court to review evidence before trial. Following Mukisa Biscuits, once facts bring impurity to law, the Court would have to investigate the veracity of contested facts, which a preliminary objection does not permit.

p. 3

Legal principles established

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  • A preliminary objection that is contested by evidence ceases to be a pure point of law and cannot stand

Court orders

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  1. 1.The Interested Party's preliminary objection dated 6th February, 2025 is overruled and dismissed with no order as to costs
  2. 2.The suit shall be fast-tracked and set down for hearing

Authorities

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Legislation

  • Labour Relations ActSection 54
  • Labour Relations ActSection 54(5)
  • Labour Relations ActSection 54(6) and (7)
  • Labour Relations ActSection 62(1)
  • Labour Relations ActSection 69(a)
  • Labour Relations ActSection 73(3)
  • Labour Relations ActSection 2(a) and (e)
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 8(1)(a)
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 8(1)(b)(ii)

Cases cited (1)

  • Mukisa Biscuits Manufacturing Co. Ltd – vs – West End Distributors Limited
    [1969] E.A. 696
Jurisdiction invoked
Labour Relations Act, 2007 and Employment and Labour Relations Court (Procedure) Rules, 2024

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, "Banking, Insurance and Finance Union (K) v Mwalimu National Sacco Society Ltd & another; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E031 of 2025) [2025] KEELRC 2005 (KLR)", Case Analysis (2025). Cause No E031 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2005/eng@2025-07-04

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