The Employment and Labour Relations Court has intervened to temporarily block the deregistration of the Kenya Union of Water and Sewerage Employees, pending the hearing and conclusion of a case filed by the union’s officials. This development comes amidst a push by Nairobi Water Company Managing Director Nahasion Muguna to deregister the union following its opposition to his tenure extension.
In a ruling delivered by Honourable Justice Wanza Kelly, the court issued interim conservatory orders restraining the Registrar of Trade Unions from taking any action to deregister the Kenya Union of Water and Sewerage Employees.
The court order explicitly states: “THAT this Application be certified as urgent and be heard on priority basis. THAT 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 together with the extracts of its officials at Headquarters and all its branches as subsisting prior to 23rd April 2025.”
Furthermore, Justice Kelly ordered a stay on the operations of a registration certificate reportedly issued to a rival faction within the union.
The order continues: “THAT pending the hearing and determination of this Application, the Honorable Court is pleased to issue a Temporary Order staying the operations of Registration certificate issued by the 1st Respondent in favor of the 1st Interested party on 23rd April 2025, any extract of officials of the 1st Interested party thereto as a result of the 1st,2nd and 3rd Respondents resolutions made on or before 23rd April 2025.”
The court also specifically addressed the cancellation of the union’s registration, stating: “THAT pending hearing and determination of this Application, the Honorable Court is pleased to issue a Temporary Order staying the 1st Respondents ORDER OF CANCELLATION OF REGISTRATION of the 2nd Appellant union dated 2nd May 2025 and the notification letter thereto dated 30th April 2025 in relation to the 1st,2nd and 3rd Respondents resolutions made on 23rd April 2025.”
This court intervention provides a temporary reprieve for the Kenya Union of Water and Sewerage Employees, allowing their operations to continue while the legal challenge against their deregistration is heard and determined. The case highlights the escalating tensions surrounding the Nairobi Water Company MD’s tenure extension and the subsequent fallout with the union representing water and sewerage workers. The expedited hearing ordered by the court indicates the urgency and significance of this labour dispute.
