Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Co-operative Society Limited [2015] KEELRC 417 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Validity of the collective agreements despite alleged invalidity of the respondent's signatory officials
The agreements were validly concluded and registered; the validity of office bearers was not in dispute before the court at registration
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.
Enforceability of the registered collective bargaining agreements
Upon registration, the collective agreements became enforceable and the claimant is entitled to their implementation as prayed
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.
Legal principles established
#- 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
#- 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.The respondent to pay the claimant's costs of the suit.
- Jurisdiction invoked
- Labour Relations Act, 2007, Section 59(5); jurisdiction to register and enforce collective agreements
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.