A deepening leadership wrangle has rocked the Dock Workers Union of Kenya (DWU), with rival factions declaring themselves as the duly elected officials.
On February 26, the Employment and Labor Relations Court in Mombasa delivered a far-reaching judgment highlighting governance and financial irregularities within the union.
The court found the Union Secretary General Simon Sang culpable of mismanaging union affairs and violating both the law and the union’s constitution. Justice Mbaru ruled that Sang had misappropriated union funds, failed in his statutory duties, and unlawfully orchestrated the suspension and removal of elected officials.
The court ordered a forensic audit of the union’s accounts for the past three years, to be conducted under the supervision of the Registrar of Trade Unions, with a report to be filed within 30 days.
On the suspension of officials, including Deputy Secretary General Sulman Owuor and his co-claimants, the court found that although the National Executive Committee (NEC) had the power to suspend, due process was not followed. Thus, the affected officials were denied a fair hearing, and their removal from the union register by the Registrar was declared unlawful.
The court also found that Sang improperly used statutory processes, including filing Form Q, to effect leadership changes without adhering to the union’s constitution or internal dispute resolution mechanisms.
As a result, the court lifted the suspension of the affected officials and ordered that the union leadership revert to its position as of December 13, 2024.
It further directed that all allowances and payments due to the reinstated officials from the date of their suspension be paid in full.
The dispute escalated on Saturday after a faction led by embattled Deputy SG Sulman Owuor unanimously elected him as the new Secretary General during a contested meeting.
Owuor, who previously served as deputy to ousted SG Simon Sang, had earlier been removed from office before being reinstated alongside four other officials following a February 26 ruling by the Employment and Labour Relations Court.
The other reinstated officials include Amin Iloti, Kibibi Omeri, Maskat Salim, and Mejumaa Chirau.
Following their reinstatement, the group moved to oust Sang and his allies, declaring themselves the legitimate leadership of the union.
During Saturday’s meeting convened by Owuor, a section of members endorsed his election as Secretary General. Amin Iloti was elected National Chairperson, Kibibi Omeri National Treasurer, Maskat Salim Vice Treasurer, and Mejumaa Chirau Chairperson of the Gender Committee.
Others elected included Bernadette Bahati Musyoki as Assistant General Secretary, Ruwa Mpate as Assistant Chairperson, and Granton Patrick and Darlene Ongwena as Male and Female Young Workers’ representatives, respectively.
However, Sang’s faction has dismissed the changes, accusing Owuor’s team of attempting to seize control of the union without following due electoral procedures.
The group said that during a special National Executive Council (NEC) meeting in February, it had been agreed that elections would be held on June 25, 2026.
Bula Kaneno, the Assistant Chairperson of DWU, termed Saturday’s meeting at Mbaraki Sports Club irregular.
“Members were not aware of the meeting. According to our constitution, a circular for a special members’ meeting must be issued 14 days prior. However, there was no circular, and Owuor only communicated through a WhatsApp message,” said Kaneno, insisting they would not allow the takeover.
Rashid Mwagasare, who identified himself as Acting Assistant Secretary General, said the union has always upheld democratic processes.
“We are telling off the detractors. We will not allow a few individuals to derail the process. Anyone claiming to have been elected should have waited for the June elections. What happened on Saturday was a kangaroo meeting, not an election,” he said.
Mwagasare added that they have written to the Registrar of Trade Unions, the Labor Commissioner, and the Kenya Ports Authority urging them not to recognize the new leadership.
“We are not aware how Simon Sang was removed from office. We are the union’s board and were not involved. Owuor’s camp cannot purport to speak on behalf of dock workers,” he said.
Mohammed Juma Mwasera, the ousted DWU Chairperson, maintained that the union had already set June 25, 2026, as the official election date prior to the court ruling.
“We will wait until the election date. The current team cannot and will not speak on behalf of the Dock Workers Union,” he said, adding that they plan to move to court to block the new team and institute disciplinary action against those involved in what they describe as a coup.
Justin Ngure, the Chief Shop Steward, further alleged financial impropriety, claiming that shortly after their reinstatement, Owuor’s team changed the signatories to the union’s bank accounts and made withdrawals without members’ approval.
He alleged that on March 3, the team withdrew Ksh1.2 million as court-ordered payments, alongside an additional Ksh185, 000 without a clear explanation, and a further Ksh80, 000 on March 9.
“This amounts to misappropriation of funds. We need answers on why the money was withdrawn without members’ involvement,” he said.
