Kenya Hotels and Allied Workers Union v Boma Hotels/Red Court Hotel
The bottom line
#Kenya's Employment Court struck out a union's unfair dismissal claim because the employee held a management position excluded from union representation.
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 suit is incompetent for Claimant's lack of capacity to sue on behalf of the grievant.
- 2.Whether the respondent unfairly/unlawfully terminated the grievants' services.
- 3.Whether the reliefs sought are merited.
Key legal issues
#Whether the Claimant Union had capacity to sue on behalf of a management-staff grievant
The suit was incompetent ab initio because the grievant, as a management employee, was excluded from union representation and the Union lacked locus standi.
The grievant's appointment letter expressly stated the position was a management position excluded from union representation under the Industrial Relations Charter, and she signed and accepted those terms. She admitted holding a management position with staff under her supervision. Following Ndolo J in BIFU v Standard Chartered Bank, a union cannot sue for such an employee; jurisdiction is only exercisable where proper parties are before the court.
Whether the termination was unfair and whether reliefs were merited
Not determined; the court declined to reach the merits once the suit was held incompetent.
Having found the Union lacked locus standi, the court held it could not consider the merits because jurisdiction is exercisable only where proper parties are before the court. The fairness of the termination and the reliefs claimed were therefore left undecided.
Legal principles established
#- A trade union lacks locus standi to sue on behalf of an employee excluded from union representation by virtue of holding a management position; any such suit is incompetent ab initio.
Court orders
#- 1.The suit instituted by the Trade Union on behalf of the grievant is struck out for want of locus standi
- 2.Costs of the suit awarded to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act / ELRC Act; suit struck out for lack of locus standi of the claimant union
Relief refused
#Declaration that termination of Agnes Wanjiru Evans was unfair
Suit struck out as incompetent; the court declined to consider the merits for want of jurisdiction
Terminal dues and accrued rights
Not considered; suit incompetent ab initio
Maximum compensation of Ksh.2,922,000
Not considered; suit incompetent ab initio
Special damages for termination before retirement
Not considered; suit incompetent ab initio
Costs
Costs of the suit awarded to the Respondent
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.
a Trade Union lacks locus standi to institute suit on behalf of an employee who is excluded from Union representation by virtue of holding a management position in his employer's enterprise.
Any such suit instituted is incompetent ab initio and must fail.
Jurisdiction is only exercisable where the proper parties are before the court.
Consequently, I strike it out with costs to the Respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels and Allied Workers Union v Boma Hotels/Red Court Hotel", Case Analysis (2026). Cause 1051 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2587/eng@2026-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.