Seafarers Union of Kenya v Ramadhan & 2 others; Registrar of Trade Union (Interested Party) (Cause E057 of 2023) [2025] KEELRC 2554 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Locus standi of the person who swore the verifying affidavit and witness statement for the claimant union
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
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.
Whether the preliminary objections were pure points of law under Mukisa Biscuit
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
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.
Legal principles established
#- 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
#- 1.The claimant shall attend court on 29 September 2025 to show cause why the claim should not be dismissed
- 2.The objections were noted, and the claimant shall have a chance to show cause
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.