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ELRCOtherNot stated in judgment· [2025] KEELRC 2554 (KLR)

Seafarers Union of Kenya v Ramadhan & 2 others; Registrar of Trade Union (Interested Party) (Cause E057 of 2023) [2025] KEELRC 2554 (KLR)

Employment and Labour Relations Court
25 September 2025
1,186 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled only a union's general secretary, or someone with written authority, can sue for the union — not just any committee member.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Mombasa (M. Mbarũ, J) deals with Notices of Preliminary Objections dated 17 April 2025 filed by the respondents against a claim by the Seafarers Union of Kenya concerning the union's elections of 21 June 2023. The respondents contended that Hassan Kombo Ismael, who swore the verifying affidavit and filed a witness statement, is not a member of the union: he pays no dues, appears on no check-off or agency fee records, does not make direct payments under section 52 of the Labour Relations Act, and does not work in the sector, so he lacks locus standi to represent the union. They relied on sections 33, 48 and 49 of the LRA and Article 41(2)(c) of the Constitution, and on the Hadullo decision. The claimant countered, citing Mukisa Biscuit, that the objections were not pure points of law, and relying on Kudheiha, that locus standi may rest on functional participation, noting Kombo paid subscriptions, was elected assistant treasurer and serves as a committee member. The court held that under section 2 of the LRA only the general secretary, or a person authorised in writing, may act for a trade union, and that committee membership alone is insufficient; the registered returns to the Registrar of Trade Unions establish the officeholder. However, rather than dismissing the claim, the court noted the parties' year of interlocutory skirmishes since a September 2024 ruling and directed the claimant to attend court on 29 September 2025 to show cause why the claim should not be dismissed. No costs order was made.

Key legal issues

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01

Locus standi of the person who swore the verifying affidavit and witness statement for the claimant union

Holding

Being a committee member of a trade union is not sufficient ground to file a claim on its behalf; only the general secretary or a person with written authority may so act, and the registered returns to the Registrar of Trade Unions establish who holds that office

Reasoning

The court examined section 2 of the Labour Relations Act defining 'authorised representative' and noted the general secretary is the only person permitted to act for the union absent written authority. Kombo is a committee member who filed a detailed-lacking witness statement. However, the court noted the parties' history of interlocutory applications since the June 2023 election dispute and chose not to dismiss the suit on the objections, instead giving the claimant an opportunity to show cause why the claim should not be dismissed.

p. 3
02

Whether the preliminary objections were pure points of law under Mukisa Biscuit

Holding

The claimant argued the objections were not pure points of law since membership and functional participation involve factual questions; the court did not determine this fully, instead directing a show-cause hearing

Reasoning

The respondents argued Kombo lacked membership, dues payment, check-off or agency fee records, and sectoral employment under sections 33, 48 and 49 of the LRA. The claimant relied on Kudheiha to contend locus standi may rest on functional participation, and on Mukisa Biscuit to argue the objections were not pure points of law. The court observed the delay in progressing the main claim and reserved the matter to a show-cause date rather than ruling definitively on the objections.

p. 2

Legal principles established

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  • Only the general secretary of a trade union, or a person appointed in writing by an authorised representative, may act for and on behalf of a trade union; membership of a union committee alone is insufficient to file a claim for the union
  • The registered returns to the Registrar of Trade Unions are the correct records of who the general secretary of a trade union is

Court orders

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  1. 1.The claimant shall attend court on 29 September 2025 to show cause why the claim should not be dismissed
  2. 2.The objections were noted, and the claimant shall have a chance to show cause

Authorities

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Legislation

  • Labour Relations Actsection 33(a) and (c)
  • Labour Relations Actsection 48
  • Labour Relations Actsection 49
  • Labour Relations Actsection 52
  • Labour Relations Actsection 2 (definition of authorised representative)
  • Constitution of Kenya, 2010Article 41(2)(c)

Cases cited (4)

  • Hadullo & Another v Registrar of Trade Union & 3 others
    Petition E050 of 2024
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd
    [1969] EA
  • Kenya Union of Domestic, Hotels, Educational Institutions And Hospital Workers (Kudheiha) v BOG North Eastern Girls High School & Another
    [2014] eKLR
  • Kenya Ports Authority v Dock Workers Union
    Cause No. E099 of 2021 (Mombasa)
Jurisdiction invoked
Not stated in judgment; exercised under the Employment and Labour Relations Court's jurisdiction over trade union disputes under the Labour Relations Act

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, "Seafarers Union of Kenya v Ramadhan & 2 others; Registrar of Trade Union (Interested Party) (Cause E057 of 2023) [2025] KEELRC 2554 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2554/eng@2025-09-25

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