Otieno & 2 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2025] KEELRC 282 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court lifted a freeze on a trade union's accounts, ruling officials can access funds without harming ongoing contempt proceedings.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the freeze on the Union accounts should remain in place
- 2.Whether access to the Union funds by the Union officials would jeopardize contempt proceedings relating to the orders of Radido J. in Petition E027 of 2023
Key legal issues
#Whether the freeze on the Union accounts should be maintained
The court found that access to the Union's funds by its officials would not jeopardize any contempt action, and vacated the freeze order of 10th December 2024.
The freeze had been in place from late December 2024 into February 2025 to prevent payments beyond those permitted by section 39 of the Labour Relations Act. The court found no connection between access to the funds and the alleged willful disobedience of the orders of Radido J. in Petition E027 of 2023, and concluded the freeze should be lifted while contempt proceedings continue.
Permissible application of trade union funds
The court applied section 39 of the Labour Relations Act, under which union funds may be applied to salaries, allowances and expenses of officials, administration, fees and subscriptions.
The freeze had been intended to stop any payments other than those permitted under section 39. The court invoked the provision as the governing framework for use of union funds and found continued freezing unnecessary, releasing the garnishees.
Legal principles established
#- Freezing of funds is not res judicata
- Section 39 of the Labour Relations Act prescribes the permissible uses of trade union funds
Court orders
#- 1.The freeze order granted on 10th December 2024 on the Union accounts is vacated
- 2.The garnishees are released
- 3.Parties to file skeletal submissions of 3 pages within 14 days on the issue of contempt
- 4.Mention on 19th February 2025 for further directions on the application for contempt
- 5.Parties be at liberty to apply
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 39 of the Labour Relations Act
Relief refused
#Petitioners' request that the Union accounts remain frozen
Access to funds by the Union officials will not jeopardize contempt action against alleged contemnors of the orders of Radido J.
Costs
No costs order made in the judgment
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
it is my finding that the access to funds of the Union by the Union oficials comprised in the 1st Respondent will not jeopardize any action by the Petitioners against any alleged contemnor of the clear orders of Radido J. in Petition E027 of 2023
The Court thus will vacate the freeze order granted on 10th December 2024. Garnishees are released.
Regarding the issue of contempt, parties are to file skeletal submissions 3 pages – within 14 days of today.
Issues in the judgment
#Case number and full party names are not stated in the judgment text; the judgment references a related Petition E027 of 2023 decided by Radido J.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Otieno & 2 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2025] KEELRC 282 (KLR)", Case Analysis (2025). Petition E027 of 2023 (related application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/282/eng@2025-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.