Kenya National Private Security Workers Union v Kariuki t/a Kirima Paradezi (Cause E103 of 2024) [2025] KEELRC 2388 (KLR)
The bottom line
#Kenya's Employment Court struck out a union's claim because the person who filed it had no proven authority, even though unions don't need lawyers to sue.
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 Statement of Claim drawn, signed and filed by Geofirey Onyulo, a non-Advocate of unstated designation, should be struck out
- 2.Whether proceedings initiated by an unqualified or unauthorized person are a nullity
- 3.Whether the Claim fails because the Grievant is not shown to be a member of the Claimant
- 4.Whether the Claim can be preliminarily rejected for want of an employer-employee relationship between the Respondent and the Grievant
Key legal issues
#Capacity of the person drawing, signing and filing the Statement of Claim
The Statement of Claim and verifying affidavit were fatally defective as they were drawn, signed and sworn by Geofirey Onyulo, a non-Advocate and stranger to the claim, with no shown authority as General Secretary or written appointee
Rule 8 of the ELRC Procedure Rules, 2024 requires claims under the Labour Relations Act to be signed by an authorized representative, and Rule 9 requires other claims to be signed by parties, Advocates or authorized officers. Under Section 2 of the Labour Relations Act, an authorized representative is the General Secretary or a person appointed in writing. Rule 63 requires a list of authorized officers to be furnished. Onyulo's capacity was not manifest on the record.
Whether pleadings can only be drawn and filed by an Advocate
No - trade unions have associational standing and may represent themselves or members through authorized officers
The Court rejected the Respondent's broad contention that only Advocates may draw and file pleadings, holding that trade unions may act in and out of Court for their members under the law, their constitutions and rules. The defect here lay not in non-representation by an Advocate but in the absence of any demonstrated authority of the person who acted.
Membership of the Grievant in the Claimant union
Membership was sufficiently demonstrated by receipts showing monthly subscription payments; the Claim could not be defeated on this ground
Copies of receipts attached to a list of documents filed by the Claimant showed the Grievant routinely paid Kshs. 200 monthly subscription to the union. This evidence was adequate to defeat the preliminary objection on membership, though it did not cure the fatal capacity defect in the pleadings themselves.
Legal principles established
#- The capacity of a person who files pleadings must be made clear on the face of the pleadings; pleadings filed, signed and sworn by a stranger to the claim are fatally defective
- Pleadings need not be drawn only by an Advocate; trade unions have associational standing and may represent members through authorized officers under Rule 63 of the ELRC Procedure Rules, 2024
- An employer-employee relationship cannot be determined on a preliminary application; it must be established at trial
Court orders
#- 1.The Statement of Claim is struck out and the Claim is declined
- 2.No order on the costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court [Procedure] Rules, 2024 (Rules 8, 9, 63, 68[5]); Labour Relations Act, 2007
Relief refused
#Preliminary rejection of the Claim for want of an employer-employee relationship
That question can only be established through trial, not on a preliminary application
Striking out the Claim on the ground that the Grievant is not a member of the Claimant
Receipts showing monthly subscription payments of Kshs. 200 established membership
Costs
No order on the 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.
The Statement of Claim and the verifying afidavit are fatally defective. They are filed, sworn and signed by a person who is a stranger to the Claim.
Trade Unions have associational standing, and are allowed by the law and their constitutions and rules, to represent their members, in and out of Court.
The presence or absence of such a relationship would need to be established through trial.
It is ordered: a. The Statement of Claim is struck out and the Claim is declined. b. No order on the costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Kariuki t/a Kirima Paradezi (Cause E103 of 2024) [2025] KEELRC 2388 (KLR)", Case Analysis (2025). Application dated 21st May 2025 in a Claim whose Statement of Claim is dated 18th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2388/eng@2025-08-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.