Water Services Workers Union v Kenya County Government Workers Union & another (Cause E034 of 2026) [2026] KEELRC 1945 (KLR) (9 July 2026) (Ruling)

Water Services Workers Union v Kenya County Government Workers Union & another (Cause E034 of 2026) [2026] KEELRC 1945 (KLR) (9 July 2026) (Ruling)

The 1st Respondent failed to show any new evidence, apparent error, or sufficient reason to justify review or discharge of the conservatory orders. Late service did not excuse compliance, and the fact that elections were completed did not extinguish the court’s jurisdiction to determine the legality and consequences...

Source-derived case information.

Citation
[2026] KEELRC 1945 (KLR)
Parties
Claimant/applicant: WATER SERVICES WORKERS UNION; 1st Respondent/applicant: KENYA COUNTY GOVERNMENT WORKERS UNION; 2nd Respondent: THE REGISTRAR OF TRADE UNIONS; Intended Interested Party: Intended Interested Party
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Case Number
Cause E034 of 2026
Procedural Posture
Employment and Labour Relations Court Ruling on Competing Motion Applications and Review/discharge of Conservatory Orders / Interlocutory Ruling
Outcome
1st Respondent/Applicant's Notice of Motion dated 20 January 2026 dismissed; conservatory orders of 16 January 2026 maintained
Judges
["CN Baari"]
Legal Topics
Conservatory Orders, Review of Interlocutory Orders, Trade Union Representation in the Water Sector, Locus Standi, Service of Court Orders, Mootness, Collective Bargaining and Union Elections
Source Language
en
Labour and Employment Law Constitutional Law Trade Union Law Administrative Law Conservatory Orders Review of Interlocutory Orders Trade Union Representation in the Water Sector Locus Standi +3 more

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Parties

WATER SERVICES WORKERS UNION

Claimant/applicant

KENYA COUNTY GOVERNMENT WORKERS UNION

1st Respondent/applicant

THE REGISTRAR OF TRADE UNIONS

2nd Respondent

Intended Interested Party

Intended Interested Party

Procedural Posture

Employment and Labour Relations Court Ruling on Competing Motion Applications and Review/discharge of Conservatory Orders / Interlocutory Ruling

  1. 1 Whether the 1st Respondent had met the threshold for review, variation, discharge, or setting aside of the conservatory orders issued on 16 January 2026
  2. 2 Whether late service of the orders constituted sufficient reason for review
  3. 3 Whether the elections held on 17 January 2026 rendered the dispute moot

Ratio Decidendi

The 1st Respondent failed to show any new evidence, apparent error, or sufficient reason to justify review or discharge of the conservatory orders. Late service did not excuse compliance, and the fact that elections were completed did not extinguish the court’s jurisdiction to determine the legality and consequences of acts done in the face of its orders. The motion was therefore unmeritorious, and the interim conservatory orders had to remain in force pending the substantive hearing.

Court Disposition

1st Respondent/Applicant's Notice of Motion dated 20 January 2026 dismissed; conservatory orders of 16 January 2026 maintained

Orders

  • The Notice of Motion dated 20 January 2026 is dismissed.
  • The conservatory orders issued on 16 January 2026 shall remain in force pending the hearing and determination of the substantive claim.