[2025] KEELRC 282 (KLR)
The court found that the continued freezing of the Union accounts was not justified, as the funds are intended for legitimate purposes under section 39 of the Labour Relations Act. The court determined that access to union funds by officials would not hinder any ongoing or future actions against alleged contemnors...
Source-derived case information.
- Citation
- [2025] KEELRC 282 (KLR)
- Parties
- Applicant: Bernard Otieno; Applicant: Malic M. Shanguya; Applicant: Patrick Odero & 35 others; Respondent: Union of Kenya Civil Servants; Respondent: Tom Mboya Odege; Respondent: Alisokor Mohamud Ishaq; Respondent: Abdulmalik A. Abdalla
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E027 of 2023
- Procedural Posture
- Petition / Ruling on Application to Freeze Union Accounts and Directions on Contempt
- Outcome
- Freeze order on Union accounts vacated; directions issued for contempt application.
- Judges
- Nzioki wa Makau
- Legal Topics
- Trade Union Funds, Contempt of Court, Freezing Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Otieno
Applicant
Malic M. Shanguya
Applicant
Patrick Odero & 35 others
Applicant
Union of Kenya Civil Servants
Respondent
Tom Mboya Odege
Respondent
Alisokor Mohamud Ishaq
Respondent
Abdulmalik A. Abdalla
Respondent
Procedural Posture
Petition / Ruling on Application to Freeze Union Accounts and Directions on Contempt
Legal Issues
- 1 Whether the freeze order on the Union accounts should be maintained or vacated.
- 2 Whether the alleged disobedience of court orders by the Union justifies continued freezing of accounts.
- 3 Directions regarding the application for contempt of court.
Ratio Decidendi
The court found that the continued freezing of the Union accounts was not justified, as the funds are intended for legitimate purposes under section 39 of the Labour Relations Act. The court determined that access to union funds by officials would not hinder any ongoing or future actions against alleged contemnors for disobedience of court orders. The freeze order was therefore vacated, and garnishees released. The court also directed parties to file skeletal submissions on the contempt application, setting a mention date for further directions.
Court Disposition
Freeze order on Union accounts vacated; directions issued for contempt application.
Orders
- The freeze order granted on 10th December 2024 is vacated.
- Garnishees are released.
Full Case Text
Judgment text and source record
30 paragraphs
Otieno & 2 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2025] KEELRC 282 (KLR) (5 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 282 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Petition E027 of 2023
Nzioki wa Makau, J
February 5, 2025
Between
Bernard Otieno
1st Applicant
Malic M. Shanguya
2nd Applicant
Patrick Odero & 35 others
3rd Applicant
and
Union of Kenya Civil Servants
1st Respondent
Tom Mboya Odege
2nd Respondent
Alisokor Mohamud Ishaq
3rd Respondent
Abdulmalik A. Abdalla
4th Respondent
Ruling
1. The issue that is squarely before Court is the matter of freezing of the Union Accounts. This has been contested by both the Union and the other Respondents herein. It is asserted that the same is connected to the willful disobedience of court order in Petition E027 of 2023. The Petitioners/Applicants assert the accounts should remain frozen as there has been failure to comply with court orders.
2. Section 39 of the Labour Relations Act provides the manner and mode for application of trade union funds. One of the purposes is payment of salaries, allowances and expenses of officials, payout of expenses for the administration of the trade union, payment of fees and subscriptions et cetera. In the matter before the Court, the Union accounts have been frozen for the large part of late December 2024, January 2025 and now the first week of February 2025. The freeze was to stop payment of anything other than these sums permitted under the provision of section 39. Whereas the Petitioners seem to suggest the 1st Respondent has not operated as directed by Radido J. in his judgment relating to Petition E027 of 2023, it is my finding that the access to funds of the Union by the Union officials comprised in the 1st Respondent will not jeopardize any action by the Petitioners against any alleged contemnor of the clear orders of Radido J. in Petition E027 of 2023. Freezing of funds is not res judicata.
3. The Court thus will vacate the freeze order granted on 10th December 2024. Garnishees are released.
4. Regarding the issue of contempt, parties are to file skeletal submissions 3 pages – within 14 days of today. Mention on 19th February 2025 for further directions on the application for contempt.
5. Parties be at liberty to apply.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF FEBRUARY 2025Nzioki wa Makau, MCIArb.JUDGE