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ELRCStruck OutApplication dated 21st May 2025 in a Claim whose Statement of Claim is dated 18th December 2024· [2025] KEELRC 2388 (KLR)

Kenya National Private Security Workers Union v Kariuki t/a Kirima Paradezi (Cause E103 of 2024) [2025] KEELRC 2388 (KLR)

Employment and Labour Relations Court
29 August 2025
792 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court struck out a union's claim because the person who filed it had no proven authority, even though unions don't need lawyers to sue.

What this practically means

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Executive summary

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The Respondent applied by notice dated 21st May 2025 for striking out of the Statement of Claim and dismissal of the Claim, on grounds that the pleadings were drawn and filed by Geofirey Onyulo, a non-Advocate; that proceedings initiated by unqualified persons are a nullity; that there was no employment relationship between the Grievant, David Kimutai Rotich, and the Respondent; and that there was no evidence the Grievant was a member of the Claimant union. The Court confirmed through a Law Society of Kenya letter dated 7th May 2025 that Onyulo was not an Advocate authorized to practise in Kenya, and noted that he disclosed no designation, signed the Statement of Claim, swore the verifying affidavit identifying himself as the Claimant, though the Claimant is a trade union. The Court held that pleadings need not be drawn solely by Advocates, since trade unions enjoy associational standing and may act through authorized officers under Rule 63 of the ELRC Procedure Rules, 2024 and Section 2 of the Labour Relations Act. However, Onyulo was not shown to be the General Secretary or a person appointed in writing, and his capacity was not manifest on the record. The Court also held that the Grievant's membership was evidenced by receipts of Kshs. 200 monthly subscriptions, and that the existence of an employer-employee relationship was a matter for trial, not preliminary rejection. The Statement of Claim was struck out, the Claim declined, with no order on costs.

Key legal issues

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01

Capacity of the person drawing, signing and filing the Statement of Claim

Holding

The Statement of Claim and verifying affidavit were fatally defective as they were drawn, signed and sworn by Geofirey Onyulo, a non-Advocate and stranger to the claim, with no shown authority as General Secretary or written appointee

Reasoning

Rule 8 of the ELRC Procedure Rules, 2024 requires claims under the Labour Relations Act to be signed by an authorized representative, and Rule 9 requires other claims to be signed by parties, Advocates or authorized officers. Under Section 2 of the Labour Relations Act, an authorized representative is the General Secretary or a person appointed in writing. Rule 63 requires a list of authorized officers to be furnished. Onyulo's capacity was not manifest on the record.

p. 3
02

Whether pleadings can only be drawn and filed by an Advocate

Holding

No - trade unions have associational standing and may represent themselves or members through authorized officers

Reasoning

The Court rejected the Respondent's broad contention that only Advocates may draw and file pleadings, holding that trade unions may act in and out of Court for their members under the law, their constitutions and rules. The defect here lay not in non-representation by an Advocate but in the absence of any demonstrated authority of the person who acted.

p. 2
03

Membership of the Grievant in the Claimant union

Holding

Membership was sufficiently demonstrated by receipts showing monthly subscription payments; the Claim could not be defeated on this ground

Reasoning

Copies of receipts attached to a list of documents filed by the Claimant showed the Grievant routinely paid Kshs. 200 monthly subscription to the union. This evidence was adequate to defeat the preliminary objection on membership, though it did not cure the fatal capacity defect in the pleadings themselves.

p. 2

Legal principles established

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  • The capacity of a person who files pleadings must be made clear on the face of the pleadings; pleadings filed, signed and sworn by a stranger to the claim are fatally defective
  • Pleadings need not be drawn only by an Advocate; trade unions have associational standing and may represent members through authorized officers under Rule 63 of the ELRC Procedure Rules, 2024
  • An employer-employee relationship cannot be determined on a preliminary application; it must be established at trial

Court orders

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  1. 1.The Statement of Claim is struck out and the Claim is declined
  2. 2.No order on the costs

Authorities

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Legislation

  • Employment and Labour Relations Court [Procedure] Rules, 2024Rule 8
  • Employment and Labour Relations Court [Procedure] Rules, 2024Rule 9
  • Employment and Labour Relations Court [Procedure] Rules, 2024Rule 63
  • Employment and Labour Relations Court [Procedure] Rules, 2024Rule 68[5]
  • Labour Relations Act, 2007Section 2
Jurisdiction invoked
Employment and Labour Relations Court [Procedure] Rules, 2024 (Rules 8, 9, 63, 68[5]); Labour Relations Act, 2007

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 National Private Security Workers Union v Kariuki t/a Kirima Paradezi (Cause E103 of 2024) [2025] KEELRC 2388 (KLR)", Case Analysis (2025). Application dated 21st May 2025 in a Claim whose Statement of Claim is dated 18th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2388/eng@2025-08-29

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