Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCStruck OutNot stated in judgment

Iloti & 14 others (Acting on Their Behalf and on Behalf of Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party) (Petition E004 of 2025) [2025] KEELRC 808 (KLR)

Employment and Labour Relations Court
13 March 2025
783 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

The Employment and Labour Relations Court struck out a trade union petition because ordinary employment laws already offered adequate remedies.

What this practically means

#

Executive summary

#
The petitioners, elected officials and trustees of a trade union (the interested party), filed a petition on 23 January 2025 alleging that the 1st respondent convened a meeting in their absence and, in violation of the union constitution, sought to suspend them as officials and trustees, and further wrote to the 2nd respondent seeking their removal from the register of officials and trustees. At directions, the court required parties to address whether this was a proper petition. The petitioners maintained the petition raised constitutional questions enforceable only through the orders sought, but conceded in submissions that the orders could equally be pursued in an ordinary Memorandum of Claim. The 1st respondent and the interested party submitted that the petition disclosed no constitutional violation incapable of redress in an ordinary suit and should be struck out with costs. Applying Rule 10(1) and (3) of the ELRC (Procedure) Rules and Court of Appeal authority in Sumayya Athmani Hassan, together with Njue and Ngure, the court (M. Mbarũ, J) held that the Article 41 rights engaged are enacted in the Employment Act and Labour Relations Act, which provide adequate remedies; no statutory invalidity or question of constitutional interpretation was raised. The constitutional petition route should be reserved for interpretation questions. Accordingly, the petition was struck out, with each party bearing its own costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the petition is a proper petition raising constitutional questions requiring enforcement through the constitutional petition route
  2. 2.Whether the court should convert the petition to an ordinary suit (Memorandum of Claim) or strike it out

Key legal issues

#
01

Whether the petition met the threshold of a proper constitutional petition

Holding

The petition did not raise any question of interpretation or application of the Constitution; the alleged violations (suspension of union officials contrary to the union constitution and the LRA) are addressable in an ordinary suit.

Reasoning

The petitioners were elected union officials under the Labour Relations Act and sought to enforce the LRA and the union constitution. The court, relying on Sumayya Athmani Hassan and Njue, found the Article 41 rights are enacted in the Employment Act and Labour Relations Act, which provide adequate remedies. No invalidity of statutory provisions was alleged and no interpretive question was raised, so the petition route was not warranted.

p. 3
02

Whether the court should convert the petition to a Memorandum of Claim

Holding

No; since no constitutional question was demonstrated, the proper order was to strike out the petition rather than convert it.

Reasoning

The court had directed parties to address whether this was a proper petition. The petitioners themselves conceded the orders sought could be pursued in a Memorandum of Claim. Having failed to demonstrate any constitutional question, the court held the appropriate order was striking out, with each party bearing its own costs.

p. 3

Legal principles established

#
  • The constitutional petition route should be reserved for matters seeking interpretation of the Constitution vis-à-vis a statute; rights enforceable under the Employment Act and Labour Relations Act should be pursued in an ordinary suit.
  • Rule 10(1) and (3) of the ELRC (Procedure) Rules permit enforcement of constitutional rights within a statement of claim or other suit before the Court.

Court orders

#
  1. 1.The petition is struck out
  2. 2.Each party will bear its own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, Rule 10(1) and (3); Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules

Relief refused

#

Enforcement of Labour Relations Act rights and constitutional orders sought by petition (including preventing removal from list of registered officials and trustees)

The petitioners did not demonstrate any constitutional question warranting the petition route; the disputes are enforceable in an ordinary suit.

p. 3

Costs

Each party will bear its own costs

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.

a party is allowed to urge a case for judicial review, the enforcement of constitutional rights and freedoms without invoking the constitutional petition route, which should be reserved for matters seeking the interpretation of the constitution vis-a-vis a given statute.
p. 2Threshold for constitutional petition versus ordinary suit
The two Acts and the rules made thereunder provide adequate remedy and orderly enforcement mechanisms.
p. 3Adequacy of statutory remedies under the Employment Act and Labour Relations Act
Without demonstrating any constitutional question, the order that holds is to strike out the petition. Each party will bear its costs.
p. 3Final orders - striking out and costs

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Iloti & 14 others (Acting on Their Behalf and on Behalf of Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party) (Petition E004 of 2025) [2025] KEELRC 808 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/808/eng@2025-03-13

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