Awach & 6 others v Registrar of Trade Unions & 2 others; Water Services Workers Union (Interested Party) (Appeal E129 of 2025) [2025] KEELRC 2218 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court confirmed that unions failing to file annual returns for years can lawfully be deregistered by the Registrar.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether it was proper to join the interested party in this appeal
- 2.Whether the 1st respondent was justified in cancelling the registration certificate of the 2nd appellant
Key legal issues
#Joinder of the interested party (WASWU) in the appeal
The joinder was proper; WASWU operates in the same water and sewerage sector and is directly affected by the dispute over registration and cancellation
The Court found a confluence of operational objectives between the two unions, since the 2nd appellant's constitution admits members from water, sewerage and sanitation companies. The cancellation of the 2nd appellant and registration of the 1st Interested Party affects both. Relying on the Supreme Court of Uganda in Deported Asians Property Custodian Board v Jaffer Brothers, the Court held a party may be joined where its presence enables effectual and complete adjudication. The application to strike out the interested party therefore failed.
Justification of the cancellation of KUWASE's registration certificate
The Registrar and National Labour Board were justified; the 2nd appellant failed to file annual returns and produce books of account for 2017-2024 contrary to sections 43 and 44 of the Labour Relations Act
Section 43(1) requires an authorised representative to file annual returns; section 28(2) empowers the Registrar to cancel a union operating in contravention of the Act. The 1st appellant did not deny non-compliance for about seven years and offered no credible excuse, instead blaming the Registrar for changing officials. Notices of intended cancellation had been issued from 2022. The Court, following KUEVACO, held these provisions are lawful limitations on Articles 36 and 41, and accountability requires compliance with the law.
Allegation that the Registrar acted against a court order and colluded to favour WASWU
Rejected; the decision to cancel was made on 23rd April 2025 before the conservatory orders of 7th May 2025 were granted
The appellants alleged contempt, contending the cancellation occurred while petition E188 of 2025 and conservatory orders were pending. The Court found the decision was made by the National Labour Board on 23rd April 2025 and notice issued on 2nd May 2025, before the appeal was filed on 7th May 2025 and before Lady Justice Keli granted conservatory orders. The allegation of acting against a court order was therefore factually incorrect.
Legal principles established
#- A party whose interests would be affected by the orders sought, or whose presence is necessary for effectual and complete settlement of all questions, may properly be joined even without a cause of action against it
- Sections 28 and 43 of the Labour Relations Act are lawful limitations on the freedom of association under Articles 36 and 41 and are reasonable and justifiable under Article 24
- Statutory annual returns may be filed by any authorised official of a union notwithstanding alleged changes in union officials
Court orders
#- 1.The application dated 26th May 2025 seeking removal of the 1st Interested Party from the appeal, vacation of the ex-parte orders of 7th May 2025 and striking out of the interested party is dismissed
- 2.The Notice of Motion dated 6th May 2025 seeking conservatory and stay orders is dismissed
- 3.The appeal is dismissed
- 4.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Registrar of Trade Unions / National Labour Board
- Decision of 23rd April 2025 (Form N dated 2nd May 2025)
- Jurisdiction invoked
- Section 30 of the Labour Relations Act
Relief refused
#Striking out of the 1st Interested Party from the appeal and vacation of orders of 7th May 2025
The interested party's presence is necessary for effectual and complete adjudication as it competes for the same sector and is affected by the outcome
Stay of cancellation of KUWASE's registration and stay of WASWU's registration certificate
The union failed to file annual returns and produce books of account for 2017-2024 despite reminders, and section 28(2) of the Labour Relations Act empowered the Registrar to cancel
Costs
No orders as to costs - the appeal was dismissed with no orders as to costs since the claim arose out of a labour relations dispute in which the appellants genuinely believed they had a recourse to this court
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 was therefore proper and prudent to join the 1st Interested Party in this appeal. The application to have the 1st Interested Party removed from the appeal therefore fails.
The Court therefore finds the appeal without merit and hereby dismisses the same with no orders as to costs since the claim arose out of a labour relations dispute in which the appellants genuinely believed they had a recourse to this court.
For avoidance of doubt and as earlier observed, this Ruling determines the issues in the application dated 26th May, 2025 and this appeal.
The provisions of Sections 28 and 43 provide lawful limitation to the provisions of Articles 36 and 41. The need for the Registrar to regulate unions in accordance with the Act, is reasonable and justifiable in an open and democratic society like Kenya as provided in Article 24 of the Constitution.
As a union, the appellant's remain accountable to their members and that accountability can only be assured by complying with the law.
Issues in the judgment
#The interested party's submissions date the appellants' application inconsistently as 24th April 2025, 25th April 2025 and 25th May 2025
The judgment records that Mr. Awach filed submissions dated 18th July 2025 though the record states the appellant had not filed submissions
The notice of intention to cancel is referred to as dated both 11th November 2024 and 11th December 2024
Jared Nyawanda's registration is stated as 2nd December 2024 and 2nd December 2025
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Awach & 6 others v Registrar of Trade Unions & 2 others; Water Services Workers Union (Interested Party) (Appeal E129 of 2025) [2025] KEELRC 2218 (KLR)", Case Analysis (2025). ELRCCA/E129 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2218/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.