Iloti & 14 others (Acting on their Behalf and on Behalf of the Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party); Thoya (Intended Interested Party) (Cause E025 of 2025) [2025] KEELRC 2309 (KLR)
The bottom line
#A Kenyan court refused to let a union official join a funds dispute or make a Sacco pay unpaid staff wages, keeping the case on track for a speedy hearing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Should Thoya be enjoined as a 2nd interested party in these proceedings?
- 2.Whether Bandari Sacco should be directed to pay the salaries and wages arrears of the union's employees pending determination of the claim
Key legal issues
#Joinder of an interested party
Application dismissed; Thoya's joinder would conflate issues, prolong proceedings and alter the nature of the claim
Applying Rule 55(1) ELRC Procedure Rules and the principles in Okoiti and Awach, joinder requires necessity and effectiveness for final determination. Thoya, as executive officer, is not the person with authority over union affairs; that is the general secretary. His application would direct a third party, Bandari Sacco, to pay employees who remain the union's responsibility, stalling the main claim directed to be heard on priority.
Directing a non-employer to pay employee salaries
Refused; Bandari Sacco is not the employer of the union's 12 employees
The court held that the prayer to order Bandari Sacco to pay salaries was far-fetched since the Sacco is not the employer. The accrued wages remain the union's responsibility through the 1st respondent. Accountability concerns raised by the claimants (payments without contracts, a driver without a vehicle) reinforce the need for the main claim to be heard rather than interim diversion of funds.
Legal principles established
#- An interested party is one with a stake in the proceedings who will be affected by the decision, joined to completely settle questions, protect adversely affected rights, or prevent proliferated litigation
- Authority to manage a union's affairs vests in the general secretary under the LRA
Court orders
#- 1.The application dated 17 July 2025 is dismissed
- 2.The matter shall be set for hearing of the main claim
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rule 55(1) of the Employment and Labour Relations Court [Procedure] Rules
Relief refused
#Joinder of Renson Juma Thoya as 2nd interested party
He lacks authority to act for the union's employees; the general secretary has that authority under the LRA; joinder would stall proceedings
Direction that Bandari Sacco pay employees' salaries and wage arrears
Bandari Sacco is not the employer; the employees remain the responsibility of the union
Costs
No order on costs recorded
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.
Accordingly, the application dated 17 July 2025 is hereby dismissed. The matter shall be set for hearing of the main claim.
The prayers sought to direct Bandari Sacco to make payments to the union employees are far-fetched as this is not the employer.
an interested party is one who has a stake in the proceedings, though he or she was not party to the cause ab initio. He or she is the one who will be afiected by the decision of the court when it is made, either way.
under the provisions of Section 2 of the Labour Relations Act [LRA], the person with authority to manage the afiairs of the union falls under the general secretary, the 1st respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Iloti & 14 others (Acting on their Behalf and on Behalf of the Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party); Thoya (Intended Interested Party) (Cause E025 of 2025) [2025] KEELRC 2309 (KLR)", Case Analysis (2025). Application dated 17 July 2025 (claim pending before ELRC Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2309/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.