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ELRCStruck OutElection Petition No. E016 of 2026· [2026] KEELRC 2494 (KLR)

Wekesa Cleophas & 5 others v Kenya National Private Security Workers Union & 2 others; Registrar of Trade Unions & another (Interested Parties)

Employment & Labour Relations Court of Kenya at Kisii
23 September 2026
2,734 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 struck out a union election challenge because it was filed using the wrong procedure, and the six petitioners must pay costs.

What this practically means

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Executive summary

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The six Petitioners challenged the national elections of the Kenya National Private Security Workers Union and the election of the officials named as 3rd Respondent. The Respondents raised a sixteen-ground Preliminary Objection seeking striking out of the Petition, arguing res judicata (a prior Kisumu ELRC Petition No. E010 of 2026 by the 6th Petitioner), sub judice (a pending Eldoret ELRC Cause No. E004 of 2026 by the 4th Petitioner), want of jurisdiction because the dispute is a trade union election dispute falling exclusively under section 34(4) of the Labour Relations Act and the ELRC (Trade Union Election Disputes) Procedure and Practice Directions, 2025, non-compliance with the mandatory pleading, timeline and security-for-costs requirements of those Directions, abuse of process and forum shopping. The Petitioners countered that the original Petition predated the elections, was withdrawn as overtaken by events, and that leave to amend had aligned it with the Practice Directions; they also argued the objections turned on disputed facts unsuitable for a preliminary objection. The Court framed four issues, chief among them whether the Petition was properly before it. It held the Petition, filed as an ordinary petition, did not comply with section 34(4) of the Labour Relations Act or the 2025 Practice Directions and was therefore incapable of properly invoking the Court's jurisdiction over the electoral outcome. The sub judice question was left as academic. The Preliminary Objection was upheld, the Petition struck out with costs against the six Petitioners. The Court noted the Respondents had incorrectly cited the earlier Sakwa ruling.

Key legal issues

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01

Whether the Petition properly invoked the Court's jurisdiction

Holding

It did not; the dispute is a trade union election dispute governed exclusively by section 34(4) of the Labour Relations Act and the 2025 Practice Directions, and the Petition was filed as an ordinary petition.

Reasoning

The Court held that the elections took place countrywide and the Petition sought to challenge the electoral outcome. Such a challenge must be brought under the special election dispute regime. Because the Petition was filed as an ordinary petition without complying with the mandatory provisions of the Practice Directions, it was incapable of properly invoking the Court's jurisdiction.

p. 17
02

Whether the matter is sub judice given pending proceedings in Eldoret ELRC Cause No. E004 of 2026

Holding

The Court declined to determine the sub judice question as academic once jurisdiction failed.

Reasoning

Having found that the jurisdiction of the Court was not properly invoked, the Court reasoned that inquiring into the sub judice issue would be an academic exercise in futility, since an incompetent petition could not proceed regardless of parallel proceedings.

p. 17

Legal principles established

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  • A trade union election dispute must be brought as an Election Petition pursuant to section 34(4) of the Labour Relations Act and the ELRC (Trade Union Election Disputes) Procedure and Practice Directions, 2025; a petition filed as an ordinary petition does not properly invoke the Court's jurisdiction over the electoral outcome.

Court orders

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  1. 1.The Preliminary Objection by the Respondents is upheld
  2. 2.The Petition is struck out with costs against the 6 Petitioners
Jurisdiction invoked
Article 162(2) of the Constitution establishing the Employment and Labour Relations Court (implied); dispute held to fall under 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, "Wekesa Cleophas & 5 others v Kenya National Private Security Workers Union & 2 others; Registrar of Trade Unions & another (Interested Parties)", Case Analysis (2026). Election Petition No. E016 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2494/eng@2026-09-23

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