Wekesa Cleophas & 5 others v Kenya National Private Security Workers Union & 2 others; Registrar of Trade Unions & another (Interested Parties)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Petition properly invoked the Court's jurisdiction
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.
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.
Whether the matter is sub judice given pending proceedings in Eldoret ELRC Cause No. E004 of 2026
The Court declined to determine the sub judice question as academic once jurisdiction failed.
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.
Legal principles established
#- 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
#- 1.The Preliminary Objection by the Respondents is upheld
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.