Kenya Union of Employees of Voluntary and Charitable Organisations [Kuevaco] v Board Of Governors Maina Wanjigi Secondary School (Cause 744 of 2013) [2015] KEELRC 1053 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant union has locus standi to file the dispute
It does not, as it admitted having no Recognition Agreement or CBA with the Respondent
Section 54 of the Labour Relations Act obliges an employer to recognise a union for collective bargaining, and recognition is the basis of a union's standing to file trade disputes. The Claimant admitted it had not signed a Recognition Agreement with the Respondent, which has one with KUDHEIHA. Without recognition a union cannot file a trade dispute; a union denied recognition must pursue sections 54(3) and (6) conciliation routes first.
Whether the suit is time barred under section 90 of the Employment Act
The objection fails; limitation cannot be determined at a preliminary stage and requires evidence of the dispute-resolution timeline
The grievant's cause arose on 26th February 2007 under the (repealed) Trade Disputes Act. The Claimant reported the dispute to the Minister, an investigator was appointed, and conciliation steps continued to 17th December 2010. Certification and filing times matter, and resolving the limitation question requires evidence, which a preliminary objection cannot accommodate.
Whether the Respondent's advocates required a Power of Attorney to file responses
The objection fails; representation is governed by the Industrial Court Act, its Rules and the Advocates Act
Filing of records and representation before the Industrial Court are regulated by section 22 of the Industrial Court Act read with Rule 13 of the Industrial Court (Procedure) Rules. The Advocates Act creates the right of parties to choose legal representation; no Power of Attorney is required. The Claimant's objection therefore fails.
Legal principles established
#- A trade union without a Recognition Agreement with an employer lacks standing to file a trade dispute on behalf of employees of that employer
- Lack of union standing does not extinguish the underlying employee's claim; the grievant may pursue the claim in person
- A preliminary objection must rest on a pure point of law and not on facts requiring ascertainment
Court orders
#- 1.The Respondent's preliminary objections succeed to the extent that the Claimant lacks the requisite standing to file the dispute
- 2.The objection on the suit being time barred fails
- 3.Johnstone Kipg'eno Bett to amend the suit accordingly within the next 14 days
- 4.Time stopped running on the 21st May 2013
- 5.Costs shall be in the cause
- Jurisdiction invoked
- Industrial Court Act (ss. 12, 21, 22) and Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kenya Union of Journalists v Kenya Broadcasting Corporation & 3 others (Petition E002 of 2022) [2023] KEELRC 1023 (KLR)[2023] KEELRC 1023 (KLR)2 May 2023
Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Employees of Voluntary and Charitable Organisations [Kuevaco] v Board Of Governors Maina Wanjigi Secondary School (Cause 744 of 2013) [2015] KEELRC 1053 (KLR)", Case Analysis (2015). Cause No 744 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1053/eng@2015-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.