Banking Insurance & Finance Union v Elimu Sacco Society Ltd (Cause E054 of 2024) [2025] KEELRC 1302 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's emergency motions because it asked for relief it never actually claimed in its main case, and awarded the Sacco costs.
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 Motion dated 19 January 2024 seeking deduction and remittance of union dues for 13 employees should be granted
- 2.Whether the Motion dated 13 May 2024 seeking declaratory orders on behalf of grievant Duncan Ochola Andiego was competent
- 3.Whether the Motion dated 22 May 2024 seeking declaratory orders on behalf of grievants Sarah Nafula Wanjala and Rael Wabwire was competent
Key legal issues
#Competence of a Motion seeking relief not pleaded in the Memorandum of Claim
A Motion seeking declaratory orders for unfair termination where no such claim is pleaded is incompetent and is dismissed
The Union's Memorandum of Claim concerned union dues only. The Motions of 13 May and 22 May 2024 sought declarations that grievants be deemed regular employees and compensation for unfair termination. The court held these orders were in vacuo since the claim pleaded no unfair termination action or reinstatement prayer, and the Memorandum had not been amended when the Motions were filed.
Whether non-renewal of fixed-term contracts can found interim relief
It cannot be determined at the interlocutory stage whether non-renewal of fixed-term contracts amounts to unfair termination
Letters dated 13 and 14 May 2024 showed the grievants' fixed-term contracts would not be renewed on expiry. The court found the contracts lapsed on their own terms and declined to decide the fairness of non-renewal at an interlocutory stage, especially where the termination was unpleaded.
Status of the union dues Motion dated 19 January 2024
The Motion was overtaken by events as the Respondent had commenced deductions except for two employees
The Union conceded during the session that the Respondent had paid outstanding union dues save for two members (one in management and another whose contract had lapsed). The Respondent confirmed commencement of deductions in its submissions, rendering the Motion moot.
Legal principles established
#- Interlocutory relief cannot be granted where the underlying cause of action is not pleaded in the Memorandum of Claim
Court orders
#- 1.The Motions dated 19 January 2024, 13 May 2024 and 22 May 2024 are dismissed
- 2.The Respondent is awarded costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the claim and interlocutory motions (not expressly cited in the judgment)
Relief refused
#Order directing Respondent to deduct and remit union dues for 13 unionisable employees
The Motion was overtaken by events as the Respondent had commenced deductions save for two employees
Declaration that Duncan Ochola Andiego be deemed a regular employee under section 37 of the Employment Act, or compensation for unlawful termination
No unfair termination action was pleaded in the Memorandum of Claim; orders were sought in vacuo
Declaration that Sarah Nafula Wanjala and Rael Wabwire be deemed regular employees or restrained termination
The contracts had lapsed by effluxion of time and the alleged termination was not pleaded in the Memorandum of Claim
Costs
The Respondent is awarded 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.
Flowing from the above, the Motions dated 19 January 2024, 13 May 2024 and 22 May 2024 are dismissed.
The Respondent is awarded costs.
On its face, this Motion was incompetent because the Union did not plead in the Memorandum of Claim an action for unfair termination of employment of one Duncan Ochola Andiego or seek a prayer of reinstatement.
Whether the failure to renew the contracts amounted to unfair termination of employment cannot be determined at this interlocutory stage.
Issues in the judgment
#The judgment refers to a stay order issued on 6 June 2024 but the record does not clarify which motion it related to
The case number of the claim is not stated anywhere in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Banking Insurance & Finance Union v Elimu Sacco Society Ltd (Cause E054 of 2024) [2025] KEELRC 1302 (KLR)", Case Analysis (2025). Not stated in the judgment (Claim filed 22 January 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1302/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.