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ELRCPartially AllowedMemorandum of Claim filed 29.10.2014 (Cause number not stated in judgment)· [2015] KEELRC 417 (KLR)

Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Co-operative Society Limited [2015] KEELRC 417 (KLR)

Industrial Court (Employment and Labour Relations Court)
15 October 2015
484 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant, a trade union, filed a memorandum of claim on 29.10.2014 seeking an order compelling the respondent to implement collective bargaining agreements for 2010/2012 and 2012/2014 as agreed and registered in court. The respondent, through Gitonga Muriuki & Company Advocates, sought dismissal with costs and referral back for fresh negotiation, contending that the agreements had been signed by officials not validly in office. The court identified undisputed facts: pursuant to an order in Cause No. 328 of 2012 at Nairobi, the parties concluded the two agreements, signed on 2.01.2014, and registered them on 11.02.2014; the parties previously had a recognition agreement and a collective agreement for 2008/2009. On the first issue, the court noted that in High Court Miscellaneous Application No. 1 of 2014, Ngaah J had held on 30.05.2014 that any dispute over the respondent's office bearers had to be resolved in the appropriate forum. Since no dispute over the respondent's valid officials was before the court at registration and none was raised then, and absent contrary evidence, the agreements were found to have been properly concluded. On the second issue, applying Section 59(5) of the Labour Relations Act, 2007, under which a registered collective agreement becomes enforceable, the court held the claimant entitled to enforcement. Judgment was entered for the claimant: the respondent to implement the two agreements and to pay the claimant's costs. Signed, dated and delivered at Nyeri on 15th October, 2015 by Byram Ongaya, Judge.

Key legal issues

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01

Validity of the collective agreements despite alleged invalidity of the respondent's signatory officials

Holding

The agreements were validly concluded and registered; the validity of office bearers was not in dispute before the court at registration

Reasoning

The court noted that in a separate miscellaneous application, Ngaah J had held any dispute over office bearers had to be resolved in the appropriate forum. Before this court, no dispute existed over the respondent's valid officials at the time the agreements were registered, the issue was never raised at registration, and no contrary evidence was adduced. The agreements were therefore properly concluded by the respondent.

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02

Enforceability of the registered collective bargaining agreements

Holding

Upon registration, the collective agreements became enforceable and the claimant is entitled to their implementation as prayed

Reasoning

Relying on Section 59(5) of the Labour Relations Act, 2007, the court held that registration makes a collective agreement enforceable and binding on the parties from the date agreed. Since the two agreements for 2010/2012 and 2012/2014 were validly signed and registered on 11.02.2014, the claimant was entitled to their implementation.

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Legal principles established

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  • A collective agreement becomes enforceable and shall be implemented upon registration by the court, effective from the date agreed by the parties.
  • Where an agreement was registered without objection and no contrary evidence exists, it is deemed properly concluded by the parties.

Court orders

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  1. 1.The respondent to implement the collective bargaining agreements for the period 2010/2012 and 2012/2014 as agreed between the parties and registered in court.
  2. 2.The respondent to pay the claimant's costs of the suit.

Authorities

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Legislation

  • Labour Relations Act, 2007Section 59(5)

Cases cited (1)

  • High Court Miscellaneous Application No. 1 of 2014
Jurisdiction invoked
Labour Relations Act, 2007, Section 59(5); jurisdiction to register and enforce collective agreements

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Co-operative Society Limited [2015] KEELRC 417 (KLR)", Case Analysis (2015). Memorandum of Claim filed 29.10.2014 (Cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/417/eng@2015-10-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.