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ELRCDismissedNot stated in the judgment· [2025] KEELRC 2982 (KLR)

Banking Insurance and Finance Union v Insurance Regulatory Authority (Cause E161 of 2022) [2025] KEELRC 2982 (KLR)

Employment and Labour Relations Court
22 October 2025
1,582 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The claimant, a registered trade union claiming a mandate over unionisable employees in banks, insurance companies, saccos and other financial institutions, filed a Statement of Claim dated 15th March 2022 alleging that the Respondent refused to grant union officials access to recruit its employees, contrary to Articles 36 and 41 of the Constitution, sections 4 and 5 of the Labour Relations Act, 2007 and ILO Convention 98. The claimant sought access for recruitment outside working hours, a restraint against victimisation of employees joining the union, a list of unionisable employees, and costs. The Respondent denied being an insurance company, averring it is a public entity established under Section 3 of the Insurance Act to supervise, regulate and administer the insurance sector, whose staff are public officers not unionisable by the claimant. It also raised preliminary objections on the claimant's authority to sue and non-compliance with Rule 5(1)(b)(i) of the ELRC (Procedure) Rules, 2016 regarding the conciliator's report and minutes. The claimant relied on Kenya Private Universities Workers Union vs Management University of Kenya on continuous recruitment absent a recognition agreement. The court framed three issues, found the Respondent is a statutory regulator and not an insurance company, and held the claimant lacked jurisdiction to recruit its employees. The claim was dismissed with each party bearing their own costs. Judgment was delivered on 22nd October 2025 by D. K. Njagi Marete, Judge.

Key legal issues

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01

Whether the claimant has any lawful claim against the Respondent

Holding

No - the Respondent is a statutory regulatory authority, not an insurance company, and the claimant had no mandate over its employees

Reasoning

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.

p. 4
02

Whether the claimant is entitled to the relief sought

Holding

No - with no lawful claim, the reliefs fall away

Reasoning

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.

p. 4
03

Costs

Holding

Each party to bear their own costs despite dismissal of the claim

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The claim is dismissed
  2. 2.Each party bears their own costs of the suit

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 36 and 41
  • Labour Relations Act, 2007Sections 4, 5 and 4(1)
  • Insurance Act (Cap. 487)Section 3; definition of insurance business
  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 5(1)(b)(i)

Cases cited (1)

  • Kenya Private Universities Workers Union vs. Management University of Kenya
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

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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, "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.