Labour court suspends move to deregister water union

Labour court suspends move to deregister water union
Labour Law. PHOTO/HKM Legal

The Employment and Labour Relations Court has issued an interim order stopping the deregistration of the Kenya Union of Water and Sewerage Employees until a case filed by its officials is heard and determined.

Justice Wanza Keli ruled that the Registrar of Trade Unions must not take any further steps towards deregistering the union, and ordered that its legal status, structure, and operations be preserved as they were before April 23, 2025.

"THAT this Application be certified as urgent and be heard on a priority basis," the court stated, underlining the urgency of the matter.

The court directed that the union's name, registration status, constitution, recognition agreements with employers, and all existing collective bargaining agreements remain in force until the matter is concluded.

"Pending hearing and determination of this Application, the Honourable Court is pleased to issue an interim conservatory order of temporary injunction preserving the registration status, the name and the constitution of the Kenya Union of Water and Sewerage Employees and all recognition Agreements and the Collective Bargaining Agreements between it and several Employers," the ruling read.

The court also suspended the registration certificate issued to another entity by the Registrar of Trade Unions on April 23, 2025, in favour of the 1st Interested Party. Any appointments made through that process were also put on hold.

In addition, the judge stopped the execution of a May 2, 2025 order from the Registrar that cancelled the union’s registration. The suspension also covers a notification letter dated April 30, 2025, tied to decisions made on April 23, 2025.

"Pending hearing and determination of this Application, the Honourable Court is pleased to issue a temporary order staying the 1st Respondent’s Order of Cancellation of Registration of the 2nd Appellant union dated May 2, 2025," the order stated.

Justice Keli warned that any party who fails to follow the court’s directives would face serious legal consequences. The case will now move to a full hearing.

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