Appellate court bars DWU GS Sang from accessing union finances

The court of appeal sitting in Mombasa barrs Simon Sang, from accessing the union’s financial accounts.[File,Standards]

The court of appeal sitting in Mombasa has upheld a decision barring the ousted  Dock Workers Union General Secretary, Simon Sang, from accessing the union’s financial accounts.

Justices Murgor, K Laibuta, and Ngenye Macharia said that Justice Monica Mbaru’s conservatory orders are suitably designed to facilitate accountability in the DWU’s governance and financial administration pending the appeal filed by Sang.

In her ruling dated July 3 2025, Justice Mbaru granted conservatory orders restraining Sang from using any funds of DWU, including taking additional loans, unless allowed to incur necessary expenses for the Union’s operations, and subject to approval of such expenses by the newly contested elected SG Sulman Awour and the National Treasurer of the Union, Kibibi Omeri.

“Having found that the impugned orders are suitably designed to facilitate accountability in the DWU (1st applicant’s) governance and financial administration pending appeal, and that stay of proceedings in the ELRC would serve no useful purpose, we find that the applicants have failed to satisfy the twin principle for the grant of the orders sought,” said Justice Murgor.

The judges said that the orders facilitate an administrative framework that does not prejudice any of the parties concerned.

Justice Murgor said that the impugned interlocutory orders were intended to facilitate DWU’s smooth financial administration pending the determination of the 15 DWU officials' substantive claim and the intended appeal filed by Sang.

The Union officials, led by Awour, said that there is nothing to demonstrate that Sang has an arguable appeal, and the orders Sang seeks to stay are preservatory in nature and

meant to safeguard  DWU funds from misuse.

Awour said lifting Justice Mbaru’s orders will allow Sang to take more loans, thereby creating more hardship for the union.

The Union members accused Sang of breaching the Union constitution by failing to file audited accounts for several years.

The members said that Sang failed to maintain the books of accounts and unreasonably incurred large and unexplained loans on the Union’s account.

He was also accused of blocking all attempts to hold the mandatory annual conference of the Union.

The members further said that, after the union members questioned the Union’s

financial position and demanded an account, Sang embarked on a campaign to remove them from office.

The union members sought conservatory orders restraining Sang from further use of any funds held on account of DWU, including taking further loans.

They also asked that Sang ensure that all necessary expenses are brought to the attention of Awour at least seven days in advance, and Sang should be restrained from irresponsibly withholding approval of such expenses and be bound to keep vouching evidence of the receipt thereof for court assessment.

The Union members also asked for a conservatory order to stay the decision of Sang removing from office 15 union officials from their respective elected offices.

However, Sang said that the orders by Justice Mbaru have caused paralysis in the operations of the Union and that, unless a stay is granted, the Union operations will be halted and result in irreparable damage.

Sang denied the allegations of financial impropriety and stated that the Union was

facing serious financial distress.

Sang said that the court lacked jurisdiction to hear the union members.