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ELRCAllowedNot stated in judgment· [2025] KEELRC 3722 (KLR)

Kenya Engineering Workers Union v Napro Industries Limited (Cause 1563 of 2018) [2025] KEELRC 3722 (KLR)

Employment and Labour Relations Court
9 December 2025
DMD. K. Njagi Marete
309 words in judgment
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The bottom line

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Kenya's Employment and Labour Relations Court corrected its own earlier judgment, granting a union orders protecting members from victimisation, outsourcing, and recognition agreement revocation.

What this practically means

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Executive summary

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This was an application for review filed by the Claimant Union on 11th March 2025, seeking an order that the court's earlier orders be revised so as to align with the prayers in the Memorandum of Claim dated 26th November 2016 and filed on 28th November 2016. The application was grounded on the position that in a previous application the court had ruled that the issues in dispute would be determined at the main claim, but the judgment dated 30th October 2024 did not satisfactorily address those issues. The application was supported by the affidavit of Wyclifiee A. Nyamwata sworn on 24th June 2025 and was anchored on section 16 of the Employment and Labour Relations Court Act, 2016 and Rule 74 of the Employment and Labour Relation Court (Procedure) Rules, 2024. The Respondent neither opposed the application nor participated in its prosecution. In a judgment delivered by D. K. Njagi Marete, Judge, on 9th December 2025, the court upheld the application and granted review. The court restrained the Respondent from victimising the Claimant Union's members on grounds of trade union activities or affiliation, from revoking the parties' Recognition Agreement without following the procedure under section 54 of the Labour Relations Act, 2007, and from outsourcing the services of its core business. The Respondent was further ordered to maintain and sustain peace and harmony between the parties at the world of work. No costs order was recorded in the judgment.

Key legal issues

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Whether to review the orders of 30th October, 2024 to conform with the prayers in the Memorandum of Claim

Holding

The application for review was upheld and review orders issued restraining the Respondent from victimisation, revocation of the Recognition Agreement, and outsourcing of core business services.

Reasoning

The union sought review because a prior ruling directed that the issues in dispute be determined at the main claim, but the judgment of 30th October 2024 did not satisfactorily address those issues. The application was grounded on section 16 of the ELRC Act, 2016 and Rule 74 of the ELRC (Procedure) Rules, 2024. The Respondent did not oppose or participate. On the material and submissions of the Applicant, the court allowed the review and issued the restraining orders sought.

p. 1

Legal principles established

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  • A review may issue under section 16 of the Employment and Labour Relations Court Act, 2016 and Rule 74 of the ELRC (Procedure) Rules, 2024 where the judgment failed to address the issues in dispute as framed in the Memorandum of Claim.

Court orders

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  1. 1.That the Respondent be and is hereby restrained from victimizing the Claimant Union's members on grounds of trade union activities and or afiliation.
  2. 2.That the Respondent be and is hereby restrained from revoking the parties Recognition Agreement without following the proper procedure as per section 54 of the Labour Relations Act, 2007.
  3. 3.That the Respondent be and is hereby restrained from outsourcing the services of her core business.
  4. 4.That the Respondent be and is hereby ordered to maintain and sustain peace and harmony of the parties at the world of work.
Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act, 2016 and Rule 74 of the Employment and Labour Relation Court (Procedure) Rules, 2024

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, "Kenya Engineering Workers Union v Napro Industries Limited (Cause 1563 of 2018) [2025] KEELRC 3722 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3722/eng@2025-12-09

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