Awach & 6 others v Registrar of Trade Unions & 2 others; Water Services Workers Union (Interested Party) (Appeal E129 of 2025) [2025] KEELRC 2218 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court confirmed that unions failing to file annual returns for years can lawfully be deregistered by the Registrar.
What this practically means
#Executive summary
#Key legal issues
#Joinder of the interested party (WASWU) in the appeal
The joinder was proper; WASWU operates in the same water and sewerage sector and is directly affected by the dispute over registration and cancellation
The Court found a confluence of operational objectives between the two unions, since the 2nd appellant's constitution admits members from water, sewerage and sanitation companies. The cancellation of the 2nd appellant and registration of the 1st Interested Party affects both. Relying on the Supreme Court of Uganda in Deported Asians Property Custodian Board v Jaffer Brothers, the Court held a party may be joined where its presence enables effectual and complete adjudication. The application to strike out the interested party therefore failed.
Justification of the cancellation of KUWASE's registration certificate
The Registrar and National Labour Board were justified; the 2nd appellant failed to file annual returns and produce books of account for 2017-2024 contrary to sections 43 and 44 of the Labour Relations Act
Section 43(1) requires an authorised representative to file annual returns; section 28(2) empowers the Registrar to cancel a union operating in contravention of the Act. The 1st appellant did not deny non-compliance for about seven years and offered no credible excuse, instead blaming the Registrar for changing officials. Notices of intended cancellation had been issued from 2022. The Court, following KUEVACO, held these provisions are lawful limitations on Articles 36 and 41, and accountability requires compliance with the law.
Allegation that the Registrar acted against a court order and colluded to favour WASWU
Rejected; the decision to cancel was made on 23rd April 2025 before the conservatory orders of 7th May 2025 were granted
The appellants alleged contempt, contending the cancellation occurred while petition E188 of 2025 and conservatory orders were pending. The Court found the decision was made by the National Labour Board on 23rd April 2025 and notice issued on 2nd May 2025, before the appeal was filed on 7th May 2025 and before Lady Justice Keli granted conservatory orders. The allegation of acting against a court order was therefore factually incorrect.
Legal principles established
#- A party whose interests would be affected by the orders sought, or whose presence is necessary for effectual and complete settlement of all questions, may properly be joined even without a cause of action against it
- Sections 28 and 43 of the Labour Relations Act are lawful limitations on the freedom of association under Articles 36 and 41 and are reasonable and justifiable under Article 24
- Statutory annual returns may be filed by any authorised official of a union notwithstanding alleged changes in union officials
Court orders
#- 1.The application dated 26th May 2025 seeking removal of the 1st Interested Party from the appeal, vacation of the ex-parte orders of 7th May 2025 and striking out of the interested party is dismissed
- 2.The Notice of Motion dated 6th May 2025 seeking conservatory and stay orders is dismissed
- 3.The appeal is dismissed
- 4.No orders as to costs
- On appeal from
- Registrar of Trade Unions / National Labour Board
- Decision of 23rd April 2025 (Form N dated 2nd May 2025)
- Jurisdiction invoked
- Section 30 of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Awach & 6 others v Registrar of Trade Unions & 2 others; Water Services Workers Union (Interested Party) (Appeal E129 of 2025) [2025] KEELRC 2218 (KLR)", Case Analysis (2025). ELRCCA/E129 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2218/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.