Kenya Union of Commercial Food and Allied Workers v Guaca Stationers Limited [2016] KEELRC 991 (KLR)
The bottom line
#A Kenyan employer must deduct union dues once a union signs up a simple majority of its staff, and cannot punish workers for joining.
What this practically means
#Executive summary
#Key legal issues
#Simple majority under Section 54(1) of the Labour Relations Act
The Claimant met the simple majority threshold; the Conciliator found 11 members recruited, which exceeds 50% whether the workforce is 18 or 21.
The Claimant claimed 13 of 18 employees (72%). The Respondent alleged 21 unionisable employees and that 4 of the 13 had left. The Court noted the Respondent never produced its list of employees to substantiate the figure of 21. Relying on the Conciliator's finding of 11 recruited members, the Court held that 11 constitutes more than 50% whichever workforce figure applies, satisfying Section 54(1).
Whether the Claimant is the right sector trade union
The Respondent's business of selling and supplying stationery on retail and wholesale basis falls within the Claimant's constitutional mandate covering shops, retail and wholesale outlets.
The Respondent argued the union's constitution (Rule 5) covered sectors such as warehouses, food processing, bottling and brewing, none of which matched a stationery company. The Court considered Rule 5 and found that the sector covering 'Supermarkets, shops, Retails and Wholesale outlets, distribution and supply companies' captured the Respondent's retail and wholesale stationery business, so the union had locus and mandate.
Legal principles established
#- An employer shall recognise a trade union for collective bargaining where the union represents a simple majority of unionisable employees, and even where the employer claims a larger workforce, if the unrebutted numbers recruited exceed 50%, the threshold is met.
- A union whose constitution covers retail and wholesale outlets has mandate over a company engaged in selling and supplying stationery on retail and wholesale basis.
Court orders
#- 1.The Respondent to forthwith commence deduction and remittance of Trade Union dues from employees who have already acknowledged union membership with the Claimant/Applicant
- 2.The Respondent restrained from victimizing, intimidating, coercing, harassing, terminating, dismissing or disciplining the Claimant's members on account of their trade union membership
- 3.Costs in the course
- Jurisdiction invoked
- Labour Relations Act, 2007, Section 54; constitutional right to trade union representation under the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers v Guaca Stationers Limited [2016] KEELRC 991 (KLR)", Case Analysis (2016). Notice of Motion dated 14th January 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/991/eng@2016-06-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.