Iloti & 14 others (Acting on Their Behalf and on Behalf of Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party) (Petition E004 of 2025) [2025] KEELRC 808 (KLR) (13 March 2025) (Ruling)

Summary at a glance

Facts

The petitioners are dock workers union officials who claim the 1st respondent convened a meeting in their absence and sought to suspend them as officials and trustees in violation of the union constitution. The 1st respondent has since removed the petitioners from the list of registered officials and trustees of the interested party trade union.

Issues

• Whether the petition is a proper petition under the Labour Relations Act and the Constitution.
• Whether the petition should be converted to an ordinary Memorandum of Claim under the Employment and Labour Relations Court (Procedure) Rules.

Reasoning

The court finds the petition does not meet the threshold for a proper petition under the Labour Relations Act and the Constitution. The court also notes that the orders sought can be addressed in an ordinary suit under a Memorandum of Claim.

Outcome

Struck out with costs

Orders

• The petition is struck out with costs.

Authorities cited