The Milimani Law Court./FILE
The Employment and Labour Relations Court has issued an interim order halting the deregistration of the Kenya Union of Water and Sewerage Employees until a case filed by union officials is heard and determined.
Justice Wanza Keli ruled that the Registrar of Trade Unions must refrain from taking any steps to deregister the union, preserving its legal status, structure, and operations as they were prior to April 23, 2025.
"THAT this Application be certified as urgent and be heard on a priority basis," the court ruled, emphasizing the critical nature of the matter.
In the conservatory order, the judge directed that all aspects of the union — including its registration status, name, constitution, recognition agreements with employers, and collective bargaining agreements (CBAs)—remain intact until the conclusion of the case.
“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,” reads part of the ruling.
Justice Keli also suspended the effect of a registration certificate issued to another entity by the Registrar of Trade Unions on April 23, 2025, in favor of the 1st Interested Party. Any official appointments made through that process were similarly stayed.
The court further halted the execution of an order issued by the Registrar on May 2, 2025, cancelling the registration of the union. This includes a notification letter dated April 30, 2025, tied to resolutions passed by the Registrar and other respondents 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 states.
Keli issued a stern warning against any parties flouting the court's orders, noting that failure to comply would attract serious legal consequences.
The case will proceed to a full hearing as the court weighs the merits of the claims.
