Union of Kenya National Research & Allied Institutes Staff of Kenya (Unrisk) v Kenya Medical Research Institute (Kemri [2014] KEELRC 1076 (KLR)
The bottom line
#Kenya's Industrial Court confirmed that even senior managers can join a union, and enforced the agreed KEMRI-UNRISK collective bargaining agreement as negotiated.
What this practically means
#Executive summary
#Key legal issues
#Unionisability of senior staff in job groups MR 11 to MR 15
The court found in favour of the claimant union, holding that senior staff in MR 11 to MR 15 are unionisable and the union may recruit them.
The respondent argued that employees in job groups 11 to 15 perform managerial and supervisory functions, supervise board policies, handle confidential information, and would suffer divided loyalty if unionised. The court rejected these submissions, holding that Article 41 of the Constitution guarantees every person fair labour practices and every worker the right to form, join or participate in a trade union, opening broad enjoyment of socio-economic and labour rights. The respondent's arguments were therefore untenable and unacceptable.
Effective date and duration of the Collective Bargaining Agreement
The court adopted the parties' agreed effective date of 1st July, 2013 and duration of four years to 30th June, 2017.
The parties had negotiated and agreed that the CBA would take effect on 1st July, 2013 and run for four years to 30th June, 2017. The court held it could not amend an agreed position except in very exceptional circumstances, which were not apparent. The court therefore adopted and enforced the parties' agreement on the various items of the CBA, including leave, commuter, medical risk, hardship, heads of units allowances, general wage increase and basic salaries.
Legal principles established
#- The Constitution's labour rights guarantee every worker the right to join a trade union of their choice, and senior staff cannot be excluded from union representation merely on managerial grounds.
- A court cannot amend an agreed position between parties on a CBA except in very exceptional circumstances.
Court orders
#- 1.The court adopts and enforces the parties' agreement on the various CBA items (Articles 14, 27, 28, 38, 41, 45, 46 and 50)
- 2.The effective date of the Collective Bargaining Agreement shall be 1st July, 2013 as agreed inter partes
- 3.The Collective Bargaining Agreement shall be in force for four years and expire on 30th June, 2017
- 4.The claimant union is allowed and authorized to recruit its union membership from staff cadres and categories MR 11 to MR 15
- 5.The Collective Bargaining Agreement be executed by the parties within fourteen days from the date of the order
- 6.The costs of the application and the entire dispute to be borne by the respondent
- Jurisdiction invoked
- Article 41(5) of the Constitution of Kenya, 2010; Sections 54(1) and 57(1) of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Githinji & 131 others v Kenya Medical Research Institute & 6 others (Cause 1545 of 2018) [2023] KEELRC 2767 (KLR)[2023] KEELRC 2767 (KLR)26 Oct 2023applied
- Okiya Omtatah Okoiti &another; v KEMRI Board of Management, Director & 4 others; Salaries and Remuneration Commission(Interested Party) [2019] KEELRC 1946 (KLR)[2019] KEELRC 1946 (KLR)22 Mar 2019applied
Cite this brief
#Cite this brief
Caselaw, "Union of Kenya National Research & Allied Institutes Staff of Kenya (Unrisk) v Kenya Medical Research Institute (Kemri [2014] KEELRC 1076 (KLR)", Case Analysis (2014). Cause No. 448 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1076/eng@2014-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.