Banking Insurance and Finance Union v Insurance Regulatory Authority (Cause E161 of 2022) [2025] KEELRC 2982 (KLR)
The bottom line
#Kenya's Employment Court ruled a trade union cannot recruit employees of a state regulator, because its mandate only covers insurance companies, not regulators themselves.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant has any lawful claim against the Respondent
No - the Respondent is a statutory regulatory authority, not an insurance company, and the claimant had no mandate over its employees
The court accepted the Respondent's position that it is a public entity established under Section 3 of the Insurance Act to supervise and regulate the insurance sector, not a company carrying on insurance business. On that footing the claimant's constitutional and statutory freedom-of-association case had no relationship inter partes to rest on, and the claim failed at the first issue.
Whether the claimant is entitled to the relief sought
No - with no lawful claim, the reliefs fall away
Having found no relationship between the parties and no mandate for the claimant to recruit the Respondent's employees, the court held the remaining issues were not worthy of determination. The claimed access, non-victimisation restraint and disclosure of employees' list were all refused.
Costs
Each party to bear their own costs despite dismissal of the claim
Although the claim was dismissed, the court did not award costs to the Respondent as prayed, instead exercising discretion to order each party to bear its own costs of the cause.
Legal principles established
#- A trade union's mandate to recruit is confined to the employees and sector covered by its constitution; a statutory regulator outside that sector is not unionisable by it
Court orders
#- 1.The claim is dismissed
- 2.Each party bears their own costs of the suit
- Jurisdiction invoked
- Articles 36 and 41 of the Constitution and the Labour Relations Act, 2007; dispute referred following an unresolved conciliation under the Ministry of Labour
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Banking Insurance and Finance Union v Insurance Regulatory Authority (Cause E161 of 2022) [2025] KEELRC 2982 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2982/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.