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ELRCDismissedCause No. 19 of 2013· [2016] KEELRC 452 (KLR)

Kenya Union of Sugar Plantation and Allied Workers v Mumias Sugar Company Limited & 6 others [2016] KEELRC 452 (KLR)

Employment and Labour Relations Court
15 September 2016
MOMaureen Onyango
5,418 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed a sugar workers union's bid to represent management staff, ruling union rights flow from each union's own constitution and recognition agreements.

What this practically means

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Executive summary

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The Kenya Union of Sugar Plantation and Allied Workers, a trade union with recognition agreements covering unionisable employees of seven sugar companies, claimed that the Respondents refused to extend its representation to management staff. The Union relied on the Registrar of Trade Unions' refusal to register a rival Kenya Sugar Industrial Management Staff Union on the ground that the Claimant was sufficiently representative, a resolution of its National Executive Board to amend its constitution, and Article 41 of the Constitution and section 4 of the Labour Relations Act. It sought directions allowing management staff to join the Union without restriction, upholding of the National Labour Board and Registrar's recommendations, and costs. The Respondents, principally through the Federation of Kenya Employers, argued that Article 41 rights are limitable under Article 24, that the Industrial Relations Charter and recognition agreements exclude management, supervisory and confidential staff, and that unionising management staff would create conflicts of interest and undermine collective bargaining. The 6th and 7th Respondents additionally challenged the Union's locus standi, the competence of the pleadings, and, in the 7th Respondent's case, the court's jurisdiction. The court held it had jurisdiction (following USIU v Attorney General as approved in Mugendi), that the Union had locus standi based on its justiciable interest in expanding membership, and that procedural defects did not invalidate the claim. On the merits, however, the Union's representational capacity flows only from its constitution and recognition agreements, neither of which covered management staff, and Article 41 is not absolute. The claim was dismissed with each party bearing its own costs.

Key legal issues

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01

Jurisdiction of the ELRC over the claim despite the 7th Respondent's objection

Holding

The court has jurisdiction; the argument that constitutional interpretation is reserved to the High Court is settled.

Reasoning

Relying on USIU v Attorney General (Majanja J), approved in Mugendi v Kenyatta University, the court held that the Industrial Court, with High Court status, may interpret the Constitution and enforce rights in employment disputes under section 12 of the Industrial Court Act. The court termed the contrary argument 'a tired argument' and declined to entertain it further.

p. 8
02

Locus standi of the Claimant Union

Holding

The Claimant has locus standi because it has a justiciable interest in expanding its membership.

Reasoning

Check-off forms for management staff of some Respondents were produced and not denied. Because membership by management staff would boost the Union's membership and subscription fees, the Union had a justiciable interest in the suit seeking to extend its membership, giving it standing despite none of the management staff being members.

p. 8
03

Whether the claim was fatally defective

Holding

No; the defects were procedural and did not render the claim fatally defective.

Reasoning

Complaints about non-compliance with Rules 4, 5 and 14 of the Industrial Court (Procedure) Rules 2010, absence of a conciliation certificate, and a verifying affidavit sworn by a stranger were procedural matters that could not defeat the claim given the constitutional and statutory injunction to administer substantive justice without undue regard to technicalities.

p. 8
04

Whether the Claimant is entitled to represent all management staff

Holding

No; the claim fails on the merits.

Reasoning

The Union's right to represent employees stems from its constitution and recognition agreements, which exclude management, supervisory and confidential staff as defined by the Industrial Relations Charter. The Union had not amended its constitution. Article 41 rights are limitable under Article 24, and management staff dissatisfied with the Registrar's decision could appeal under section 30 of the LRA or sue under Article 22(2). Category-by-category negotiation, not omnibus unionisation, was the proper route.

p. 10

Legal principles established

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  • The Employment and Labour Relations Court (Industrial Court) has jurisdiction to interpret the Constitution and enforce fundamental rights in employment disputes.
  • A trade union's representational jurisdiction flows from its constitution and recognition agreements, not from the Registrar of Trade Unions or the National Labour Board.
  • Article 41 rights of management staff to join trade unions are not absolute and may reasonably be limited under Article 24.
  • Procedural defects in pleadings do not defeat claims where the court is enjoined to administer substantive justice.

Court orders

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  1. 1.The claim is dismissed
  2. 2.Each party shall bear its costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 22(2), 24, 41(2)(c), 159(2)(d)
  • Labour Relations Act, 2007section 2, section 4, section 30, section 54(1), section 54(4), First Schedule
  • Industrial Court Act, 2011section 12
  • Employment and Labour Relations Court Actsection 20(1)
  • Employment Act, 2007
  • Industrial Court (Procedure) Rules 2010Rules 4, 5, 14
  • Industrial Relations CharterClause 11, Appendix C 1(iii)

Cases cited (8)

  • Kenya Game Hunting and Safari Workers Union v Lewa Wildlife Conservancy
    Industrial Cause No.1567 of 2011
  • Aviation & Allied Workers Union v Kenya Civil Aviation Authority
    Industrial Cause No.35 of 2011 (also referred to as Cause No.15 of 2011)
  • Banking Insurance and Finance Union (K) v Standard Chartered Bank of Kenya Ltd
    [2013] eKLR
  • Kenya Chemical & Allied Workers Union v Polypipes Ltd
    Industrial Court Cause No.1112 of 2012
  • Nick Githinji Nduchu v Clerk, Kiambu County Assembly and another
    [2014] eKLR
  • Owners of the Motor Vessel Lillian 'S' v Caltex Oil Kenya Limited
    [1989] KLR
  • United States International University (USIU) v Attorney General
    [2013] eKLR
  • Prof. Daniel N. Mugendi v Kenyatta University & 3 others
    Civil Appeal No.6 of 2012
Jurisdiction invoked
Industrial Court Act, 2011 (section 12) as construed with Article 162(2) of the Constitution; Employment and Labour Relations Court Act section 20(1)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (7)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Sugar Plantation and Allied Workers v Mumias Sugar Company Limited & 6 others [2016] KEELRC 452 (KLR)", Case Analysis (2016). Cause No. 19 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/452/eng@2016-09-15

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