KENYA NATIONAL PRIVATE SECURITY WORKERS UNION V KENYA KAZI SECURITY SERVICES LIMITED [2013] KEELRC 259 (KLR)
The bottom line
#Kenya's Industrial Court refused to delay a wage award, ruling employees must enjoy the fruits of their awards unless very strong reasons justify making them wait.
What this practically means
#Executive summary
#Key legal issues
#Whether an arguable appeal existed
No; the Award largely restated minimum statutory standards and the Respondent wished to appeal items it had itself proposed
The Second Award reaffirmed minimum standards under the Employment Act and the Regulation of Wages [Protective Security Services] Order 1998, and was largely declaratory rather than executory. The Notice of Appeal listed subjects such as cleaning allowance where the Court granted the Respondent's own recommendation. No draft Memorandum of Appeal was attached, and section 17(2) of the Industrial Court Act confines appeals to matters of law.
Whether substantial loss or nugatory appeal was shown
No; Claimant's members are the Respondent's own employees, so increments can be recovered from future entitlements
The Court found no collateral or inherent circumstances that would destroy the subject matter or render the appeal nugatory. Employees are not third parties; any wage increments paid could be deducted from future entitlements if the appeal succeeds, so the status quo can be restored.
Conduct of the parties and equity
The Respondent's six-year delay in concluding a CBA after recognition in 2007 meant the equity of the case did not warrant further delay
The record showed a pattern of resistance to minimum labour standards: technical objections, challenges to the Claimant's locus standi, failure to comply with the First Award, and repeated reliance on the US Embassy contract. The 935 guards had been deprived of the benefits of collective representation for too long.
Jurisdiction objection
Without weight; a CBA may be negotiated for a specific collective bargaining unit
Section 57 of the Labour Relations Act requires a CBA for all employees covered by the recognition agreement, but nothing prohibits negotiation for a specific unit. The US Embassy employees form a distinctive community of interests, and the parties had litigated on that understanding through negotiation, conciliation and adjudication.
Legal principles established
#- In the Industrial Court, the principle that must outweigh all others in considering stay of execution is that employees must be allowed to enjoy the fruits of their Awards unless strong and special circumstances demand otherwise.
- An applicant for stay in the Industrial Court must show recondite matters of law, since appeals from the Court lie only on matters of law.
- The lex loci laboris maxim applies: the applicable labour law is the labour law of the place where the work is done.
Court orders
#- 1.The Respondent's application dated 22nd April 2013 for stay of execution of the Second Award is refused
- 2.No order on costs
- Jurisdiction invoked
- Industrial Court Act 2011 and Industrial Court [Procedure] Rules 2010, Rule 31(2); Section 17(2) of the Industrial Court Act 2011 on appeals on matters of law
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA NATIONAL PRIVATE SECURITY WORKERS UNION V KENYA KAZI SECURITY SERVICES LIMITED [2013] KEELRC 259 (KLR)", Case Analysis (2013). Application dated 22nd April 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/259/eng@2013-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.