Kenya Engineering Workers Union v Napro Industries Limited (Cause 1563 of 2018) [2025] KEELRC 3722 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court corrected its own earlier judgment, granting a union orders protecting members from victimisation, outsourcing, and recognition agreement revocation.
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 court should review its orders of 30th October, 2024 so as to be in tandem with the prayers in the Memorandum of Claim dated 26th November, 2016
Key legal issues
#Whether to review the orders of 30th October, 2024 to conform with the prayers in the Memorandum of Claim
The application for review was upheld and review orders issued restraining the Respondent from victimisation, revocation of the Recognition Agreement, and outsourcing of core business services.
The union sought review because a prior ruling directed that the issues in dispute be determined at the main claim, but the judgment of 30th October 2024 did not satisfactorily address those issues. The application was grounded on section 16 of the ELRC Act, 2016 and Rule 74 of the ELRC (Procedure) Rules, 2024. The Respondent did not oppose or participate. On the material and submissions of the Applicant, the court allowed the review and issued the restraining orders sought.
Legal principles established
#- A review may issue under section 16 of the Employment and Labour Relations Court Act, 2016 and Rule 74 of the ELRC (Procedure) Rules, 2024 where the judgment failed to address the issues in dispute as framed in the Memorandum of Claim.
Court orders
#- 1.That the Respondent be and is hereby restrained from victimizing the Claimant Union's members on grounds of trade union activities and or afiliation.
- 2.That the Respondent be and is hereby restrained from revoking the parties Recognition Agreement without following the proper procedure as per section 54 of the Labour Relations Act, 2007.
- 3.That the Respondent be and is hereby restrained from outsourcing the services of her core business.
- 4.That the Respondent be and is hereby ordered to maintain and sustain peace and harmony of the parties at the world of work.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act, 2016 and Rule 74 of the Employment and Labour Relation Court (Procedure) Rules, 2024
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.
In this regard, this court upholds the application and orders review in the following orders;
That the Respondent be and is hereby restrained from victimizing the Claimant Union's members on grounds of trade union activities and or afiliation.
That the Respondent be and is hereby restrained from revoking the parties Recognition Agreement without following the proper procedure as per section 54 of the Labour Relations Act, 2007.
That the Respondent be and is hereby ordered to maintain and sustain peace and harmony of the parties at the world of work.
Issues in the judgment
#Delivery date appears inconsistent with the date of the application and submissions (application dated 11th March 2025, submissions dated 24th June 2025, judgment delivered 9th December 2025 while the judgment refers to 'judgment of court dated 30th October, 2024'); the review orders are dated after the submissions with no explanation of the interval, though this is plausible. Flagged as minor.
The case number of the suit and the review application are not stated in the judgment, limiting citation and identification.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Napro Industries Limited (Cause 1563 of 2018) [2025] KEELRC 3722 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3722/eng@2025-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.