Krystalline Salt Limited v Kenya Chemical Workers Union
The bottom line
#The Court of Appeal refused to pause a ruling requiring Krystalline Salt to negotiate a union agreement, because money losses could be repaid later.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
Yes - the draft memorandum raises arguable grounds on the interpretation of Sections 54 and 57 of the LRA and the compulsion to negotiate a CBA
The Court perused the draft memorandum of appeal and found the intended challenges to the trial Judge's interpretation and application of Sections 54 and 57 of the Labour Relations Act, and the complaint that the applicant was compelled to enter a CBA without legitimate basis, to be bona fide arguable points worthy of consideration by a full bench. The first limb of the Rule 5(2)(b) test therefore succeeded.
Whether the appeal would be rendered nugatory if stay is not granted
No - a negotiated CBA is time-bound and reversible, and any financial exposure is compensable by damages
The Court held that CBAs run for a specific period, so if the appeal succeeds a registered CBA becomes superfluous. The applicant did not satisfactorily demonstrate the financial implications or that the respondent could not refund amounts paid. Any expenses could be adequately compensated by damages, so the second limb failed and the application, requiring both limbs conjunctively, was dismissed.
Legal principles established
#- An applicant under Rule 5(2)(b) must demonstrate both that the intended appeal is arguable and that it will be rendered nugatory absent a stay; both limbs must be satisfied conjunctively
- The threshold for arguability is low; even a single non-frivolous ground suffices
- Stay of proceedings is a grave judicial action interfering with a litigant's right to conduct litigation and access to justice, and the test is high and stringent
Court orders
#- 1.The Notice of Motion dated 3rd February 2026 is dismissed with costs to abide the outcome of the appeal
- On appeal from
- Employment and Labour Relations Court at Mombasa
- Mombasa ELRC Cause No. E067 of 2025
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 5(2)(b) and 43 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Krystalline Salt Limited v Kenya Chemical Workers Union", Case Analysis (2026). Civil Application E007 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1895/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.