NATIONAL UNION OF WATER & SEWERAGE EMPLOYEES, RUFUS OLEFA OSOTSI ,PHILEMON OTIENO ATIK & ANNE BURUGU V. NAIROBI CITY WATER & SEWERAGE CO. LTD, NAIROBI CITY COUNCIL, KENYA LOCAL GOVERNMENT WORKERS UNION (KLGWU) & ASSOCIATION OF LOCAL GOVERNMENT WORKERS

RULING OF THE COURT

The brief facts of the case are that the 1^st applicant, National Union of Water and Sewerage Employees(NUWASE) was registered as a Trade Union on 30^thMarch 2006. On 11^th July, 2006, the 1^st applicant signed a Recognition Agreement with the 1^strespondent,Nairobi City Water and Sewerage Company Limited (NCWSCL),a limited liability company, wholly owned by the Nairobi County Government(formally known as the City Council of Nairobi), for a period of three years. The agreement was thereafter renewed for a further period of 24 months. Arising from disagreements between the 1^st applicant and the 1^st respondent relating to the renewal terms the two agreements, and competing interests of the 3^rd respondent, Kenya Local Government Workers Union (KLGWU), most employees of the 1^st applicant preferred to enroll or remain as members of the 3^rd respondent, instead of with the 1^st applicant.

In order to secure the payment of union dues and to stem the transfer of employees to the 3^r…