The Employment Court in Mombasa has declined to issue orders suspending the removal of former Dock Workers Union (DWU) General Secretary (GS) Simon Sang pending the determination of his appeal.
In his application, Sang sought orders to suspend from office the newly appointed GS Sulman Owour, who was appointed on February 27, 2026.
However, Justice Mbaru said that suspending the appointment of Awour as SG will deny the appellate court the chance to hear all the evidence from both parties on merit of the appeal.
“On whether to stay or suspend the Certificate of Changes made on 27 February 2026 pursuant to Form Q in respect of the officials of the DWU, which removed Sang as the GS, this is the gist and foundation of the appeal. Once addressed, such a matter will address the appeal,” said Justice Mbaru.
Sang had filed an application before Justice Mbaru of the Employment Labour and Relations Court (ELRC) seeking to stop his ouster from office, terming it unlawful.
He also has an active appeal before the High Court challenging his removal from the position of DWU GS by the Registrar of Trade Unions.
Sang said that the changes to the DWU officials’ registry were effected without notice and a resolution by the relevant governance body.
He said that the Registrar of Trade Union and Awour moved without authority to remove him from office without holding elections for its officials.
“Under article 18(1) of the union constitution, such elections may be conducted only at a conference scheduled for 25 June 2026. Only then can the Registrar of Trade Union change the register pursuant to sections 34 and 35 of the LRA," said Sang
He said the changes made by the Registrar have led to changes in the DWU following a resolution attended or convened by Awour.
Sang said that under Article 17(3), he ought to have convened the meeting, and Awour moved without authority to convene a meeting.
He said the resolution of such a meeting is bad in law and incapable of having the effect of a lawful decision.
Sang said that if the resolution was made based on disciplinary matters, he did not know, and under article 12(k) of the union constitution, the NEC may
only recommend its decision to remove its official as a member, but the organ with the mandate for removal is either the Special Conference or Annual Conference convened under article 10 or 11 of the constitution.
“No reason was given for my removal as an official of the union,” said Sang.
He told the court that he was sued in his personal capacity in Mombasa ELRC No. E025 of 2025 for alleged breach of fiduciary duty to union members, and he has filed an appeal.
Sang said that orders in the judgment delivered on February 26, 2026, did not call for his suspension from office as GS as contemplated under section 47(1) (b) of the Labour Relations Act (LRA).
Sang said the removal from office was initiated without a formal petition (suo motto) and not justified, and that the ELRC lacked jurisdiction to sit as a criminal court to try and convict him of dishonesty as contemplated in section 31(5) of the LRA, thereby warranting the Registrar of Trade Unions to remove him from office without notice.
He said that the Registrar of Trade Unions amended the Registrar of Trade Union and removed him from the position of GS based on a resolution of the DWU meeting held on February 27, 2026, which was held at a distance of not less than 500km from Nairobi, yet changes were made on the same date as the alleged meeting.
However, Awour said that there is no decision that has been made by the Registrar of Trade Union that can form the basis of an appeal, and the court has no jurisdiction to hear and determine the matter.
“This court has no jurisdiction to sit on appeal against the decision made in Mombasa ELRC Cause No. E025 of 2026, which held that Sang was unfit to hold the position of the GS of the DWU,” said Awour.
He said that DWU conducted elections on April 4, 2026, and elected new officials.
“If the application were allowed, it would have no effect, since the current registrar already bears the newly elected officials' application dated 2 March 2026,” said Awour.
