Court paves way for dockers union polls amid leadership row

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The court has rejected a bid by the Dock Workers Union’s acting general secretary, Sulman Owour, and his interim team to block the elections board, clearing the way for union polls to proceed.

Earlier this year, Owour replaced long-serving general secretary Simon Sang in an acting capacity. He later moved to the Employment and Labour Relations Court to challenge the union elections board, arguing that it had four members instead of nine. Justice Ocharo Kebira dismissed the petition on Monday.

“Having weighed all the foregoing, the court is satisfied that the applicants have failed to meet the threshold, whether under order 42 rule 6 of the civil procedure rules as applied through rule 21of the Employment and Labour Relations Court (Procedure Rules, 2024) or under the wider equitable principles discussed above, for the grant of stay of execution, conservatory orders or injunctive relief pending the hearing and determination of the intended appeal,” he ruled.

Justice Kebira dismissed Owour’s notice of motion dated June 19 and filed it in its entirety, saying the court’s June 17, 2026 judgement ordering union elections within 60 days remained in force.

On Saturday, Owour and his team boycotted the nomination exercise conducted by the elections board, which proceeded to announce candidates for the August 13 polls ordered by the court.

The dispute stems from the union’s April 4 election, in which Owour was declared general secretary, Amin Iloti national chairman and Kibibi Omeery national treasurer, before the court later nullified the poll as a sham.

The Employment and Labour Relations Court has nullified the controversial April 4, 2026, elections of the 6000-member Dockworkers Union (DWU), describing the process as a sham.

The court sitting in Mombasa said the process violated the union’s constitution, democratic principles, and statutory requirements.

Kebira ordered fresh elections to be conducted within 60 days and cancelled the registration of officials who had been declared elected through the disputed process.

“The purported election of 4th April 2026 was a sham, null and void. It is hereby nullified,” the judge declared.

In the disputed election, Owour was declared general secretary, Amin Iloti, national chairman and Kibibi Omery, national treasurer. 

Until the elections, Owour was acting general secretary after his team ousted long-serving general secretary Mr Simon Sang following a court ruling.

Meanwhile, the elections board has released the list of candidates who are set to contest various positions in the August 13 polls.

DWU assistant general secretary Abubakar Mohamed and Kenya Ports Authority (KPA) operations officer Salim Kumaka were cleared to run for the post of general secretary.

Hassan Shakur and Gunda Kaneno will contest the position of DWU national chairman, while dd Mchangamwe was cleared to run for the post of national treasurer unopposed.

In a circular to the DWU chief shop steward, Justine Angore, dated July 20 this year, acting elections board secretary Fatuma Shaffi said the board completed the nomination and clearance of the candidates for various positions in the union.

“The elections are scheduled to be held on 13th August 2026, in strict compliance with the court’s judgment and orders,” she stated.

Last Saturday, Mr Owour confirmed that he and his team had refused to participate in the nomination of candidates.

Owour had said his team did not recognise the elections board headed by former chief shop steward Mr Renson Thoya because it is not allegedly properly constituted.

He said his faction decided to move to court because there was no elections board in place to conduct the elections slated for August 13.

“There is no election board. Article 15 of the union constitution, which establishes the elections board) requires members of the board to be nine...The elections board which the court mandated to carry out elections has only four members out of nine,” Owour argued.

He said six members have since been promoted to the management cadre, and according to KPA's policy, management staff are not allowed to take part in Union activities.

“So that board is not properly constituted at the moment. We have moved to court on the same, and the matter will be heard on Monday. So those nominations are not properly called and cannot be used anywhere,” he said.