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ELRCDismissedNot stated in the judgment· [2025] KEELRC 2891 (KLR)

Kimani & another v Kenya National Union of Teachers & 3 others (Cause E041 of 2024) [2025] KEELRC 2891 (KLR)

Employment and Labour Relations Court
24 October 2025
AMAnna Ngibuini Mwaure
1,700 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 ruled it has jurisdiction over union election disputes, dismissing objections that members must first exhaust internal union remedies.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Nakuru (Mwaure J) on a preliminary objection dated 26th June 2025 raised by the 1st, 2nd and 3rd Respondents in a dispute over internal union election procedures - specifically notices to the Annual General Meeting and by-elections. The Respondents argued four grounds: that the court lacks jurisdiction; that the Claimants had not exhausted internal dispute resolution mechanisms under the union Constitution; that the suit was incompetent, defective and bad in law; and that the Claimants lacked locus standi. They relied on the Mukisa Biscuit threshold for preliminary objections, the exhaustion doctrine (Muthinja), Section 9(2) of the Fair Administrative Action Act, and the conjunctive test for injunctive relief. The Claimants countered that the objection was vague, not a pure point of law, and that exhaustion is not absolute where remedies are ineffective (Fleur Investments). The court framed a single issue: whether the P.O is merited. It held that the exhaustion doctrine does not take away jurisdiction unless the law so specifies, and that Section 34(4) of the Labour Relations Act confers jurisdiction on the ELRC over disputes arising from trade union elections. Citing Eliud Wanjohi Gwandaru, it found the petition properly filed and dismissed the preliminary objection, awarding costs in the cause.

Key legal issues

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01

Whether the Preliminary Objection on jurisdiction, exhaustion of internal remedies and locus standi is merited

Holding

The objection was dismissed. The court held it has jurisdiction over internal union election disputes under Section 34(4) of the Labour Relations Act, and the exhaustion doctrine does not oust that jurisdiction unless the law so provides.

Reasoning

The court accepted that a preliminary objection must be a pure point of law per Mukisa Biscuit. On jurisdiction, it found that Section 34(4) of the Labour Relations Act allows disputes arising from elections to be referred to the ELRC, so exhaustion does not remove the court's jurisdiction. It relied on Eliud Wanjohi Gwandaru to hold that post-election disputes are properly before the ELRC, and the petition did not challenge any decision of the Registrar of Trade Unions.

p. 4

Legal principles established

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  • The exhaustion doctrine does not take away jurisdiction from courts unless specified in the law
  • The ELRC has jurisdiction over disputes arising from internal trade union elections under Section 34(4) of the Labour Relations Act
  • Once an election has been conducted, a resulting election dispute may properly be brought before the ELRC

Court orders

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  1. 1.The Preliminary Objection dated 26th June 2025 lacks merit and is dismissed
  2. 2.Costs will be in the cause
Jurisdiction invoked
Article 162(2)(a) of the Constitution and Section 12 of the ELRC Act; Section 34(4) of 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, "Kimani & another v Kenya National Union of Teachers & 3 others (Cause E041 of 2024) [2025] KEELRC 2891 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2891/eng@2025-10-24

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