Kenya Union of Water & Sewerage Employees (KUWASE) v Attorney General & another; Proposed Water Service Worker Union & 7 others (Interested Parties) (Employment and Labour Relations Petition E188 of 2023) [2025] KEELRC 1078 (KLR)
The bottom line
#Kenya's Employment Court ruled an unregistered union holding a Registrar's promotion certificate can stay in a case as an interested party, despite lacking full legal capacity.
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 1st Interested Party, an unregistered trade union holding only a Promotion Certificate under Section 12 of the Labour Relations Act, has legal capacity to be a party to the proceedings
- 2.Whether the 1st Interested Party should be struck out of the proceedings
Key legal issues
#Legal capacity of an unregistered trade union
The Court acknowledged that the 1st Interested Party, not yet registered, lacks legal capacity to sue and be sued, but held this did not justify its removal from the proceedings
Section 21(1)(b) of the Labour Relations Act grants legal capacity only upon registration. However, the 1st Interested Party held an Interim/Promotion Certificate issued under Section 12(3), and had completed promotion and applied for registration. The Court found the Registrar's go-ahead made it a recognised entity for promotion purposes, and as an interested party alongside its officials, its presence caused no prejudice to the petitioners.
Prejudice from the 1st Interested Party's continued participation
The presence of the 1st Interested Party would not prejudice the petitioners, especially as the petition touches on the 1st Interested Party
The Court reasoned that since the main petition directly concerns the proposed registration of the new union, the 1st Interested Party has a direct stake. No prejudice was identified by the petitioners. The joinder application of 5th October 2023 had already been allowed, embedding the interested parties in the suit.
Legal principles established
#- An unregistered trade union lacks legal capacity to sue and be sued under Section 21(1)(b) of the Labour Relations Act, but a party holding a Registrar's authority to promote a union under Section 12 is a recognised entity for that purpose and may remain an interested party
Court orders
#- 1.The application for the 1st Interested Party to be struck out of the proceedings is dismissed
- 2.Costs in the petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 12, 19 and 21 of the Labour Relations Act and Order 1 Rule 9 of the Civil Procedure Rules
Relief refused
#Order striking out the 1st Interested Party as a party to the proceedings
The Court found the application unmerited; the 1st Interested Party had been authorised by the Registrar to promote its establishment and its presence would not prejudice the petitioners
Costs
Costs in the petition
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.
Having been given a go ahead by the Registrar to promote its establishment and recruit members to the union, they are a recognised entity for that purpose.
Despite the 1st interested party not having legal capacity to sue and be sued, they have been given prudence by the order of the Registrar allowing them to proceed with their registration and are an interested party with the oficials who are also interested parties in this petition.
I therefore find the application for the interested party to be struck out of the proceedings unmerited and is dismissed Costs in the petition.
Issues in the judgment
#Typos and garbled passages in the judgment, including 'This ofiends Section 35(6)' and 'thus it is still an unregistered trade union' vs the assertion the union is recognised; also 'hence there should be nor room to disappear'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Water & Sewerage Employees (KUWASE) v Attorney General & another; Proposed Water Service Worker Union & 7 others (Interested Parties) (Employment and Labour Relations Petition E188 of 2023) [2025] KEELRC 1078 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 29th February 2024 in a main petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1078/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.