Kenya Hotels and Allied Workers Union v Nyanza Club
The bottom line
#Kenya's Employment Court ruled that Nyanza Club can be sued, dismissing its attempt to strike out a union's case over an unsigned collective bargaining agreement.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether Nyanza Club, a society registered under the Societies Act, has legal personality and can be sued in its own name
- 2.Whether the suit contravenes section 34 of the Civil Procedure Act as an attempt to execute decrees in Kisumu ELRC Cause Nos. 118 of 2017 and E004 of 2021
Key legal issues
#Whether Nyanza Club has legal personality and can be sued
The application was dismissed; Nyanza Club is a corporate body incorporated under the Land Ordinance, 1923 and is capable of suing and being sued
The Respondent claimed it was a society under the Societies Act lacking legal personality. The Court found it had been a feature on the Kisumu ELRC cause lists since the Court began sitting there, had been subject of decisions of the Court, and was in fact incorporated under the Land Ordinance, 1923, so it could not claim incapacity to be sued.
Whether the suit contravenes section 34 of the Civil Procedure Act as an attempt to execute decrees
The Court did not make an express finding on this ground, but dismissed the application in its entirety
The Respondent argued the suit sought to enforce decrees in Cause Nos. 118 of 2017 and E004 of 2021 contrary to section 34 of the Civil Procedure Act. The Claimant disputed this, explaining the present suit concerns refusal to sign a CBA and arrears for 2021 to 2025, distinct from the earlier causes. The Court's disposition did not address this ground separately.
Legal principles established
#- A party that has participated in proceedings and been subject of decisions of the Court cannot later claim it is incapable of being sued
- A body incorporated under the Land Ordinance, 1923 is a corporate body capable of suing and being sued
Court orders
#- 1.The Respondent's application dated 15th July 2026 to strike out the suit is dismissed with costs to the Claimant
- 2.Directions on disposal of the suit to follow the Ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and labour relations jurisdiction over a dispute between a trade union and an employer under section 2 of the Employment Act
Relief refused
#Striking out of the suit with costs as sought by the Respondent
The Respondent has been a feature on the Kisumu ELRC cause lists, has been subject of decisions of the Court, and is a corporate body capable of suing and being sued
Costs
The motion by the Respondent is dismissed with costs to the Claimant.
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 has been subject of decisions of this Court and cannot turn and say it is incapable of being sued.
Nyanza Club is a corporate body incorporated on 23rd August 1940 under the Land Ordinance, 1923, and is therefore capable of suing and being sued.
The motion by the Respondent is dismissed with costs to the Claimant. Directions on disposal of the suit to follow this Ruling.
Issues in the judgment
#Delivery venue stated as Kisii though the cause is at the ELRC at Kisumu
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels and Allied Workers Union v Nyanza Club", Case Analysis (2026). Cause No. E018 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2620/eng@2026-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.