Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNotice of Motion filed 17.12.2014· [2016] KEELRC 1396 (KLR)

Nyeri County Government v Kenya County Government Workers Union & another [2016] KEELRC 1396 (KLR)

Industrial Court
14 April 2016
BOByram Ongaya
551 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court declared a strike illegal because the union gave only three days' notice instead of the seven days the law requires.

What this practically means

#

Executive summary

#
The applicant filed a notice of motion on 17.12.2014 under rule 16 of the Industrial Court (Procedure) Rules 2010 and section 77(1) of the Labour Relations Act, 2007, seeking to prohibit a strike by the respondent's members employed by the claimant, to compel resumption of duties, to have the strike declared unprotected and illegal, and to direct the parties to continue conciliation. Interim orders in terms of the prohibition, resumption and declaration prayers were issued and complied with pending determination. The underlying grievance concerned unpaid arrears for accumulated leave days, overtime and uniform dues, with unsuccessful prior attempts at amicable resolution. The sole issue was whether the strike was unprotected because the notice was shorter than the 7 days prescribed by section 76(c) of the Labour Relations Act. The strike notice dated 08.12.2014 indicated the strike would begin on 11.12.2014, giving less than the statutory 7 days, so the court found the strike was not protected under section 76(1). Considering the dispute's history dating back to 1986 and the respondent's reluctance to pursue expeditious conciliation, the court prohibited the strike, directed the members to continue working, declared the strike unprotected and illegal, and directed the parties to continue conciliation in good faith. Each party was ordered to bear its own costs to foster co-operation towards alternative dispute resolution.

Key legal issues

#
01

Whether the strike was protected under section 76(1) of the Labour Relations Act, 2007

Holding

The strike was unprotected because the strike notice dated 08.12.2014 gave less than the prescribed 7 days' notice, the strike being set to start on 11.12.2014

Reasoning

The court examined the strike notice letter dated 08.12.2014 which indicated the strike would commence on 11.12.2014. Section 76(c) of the Labour Relations Act, 2007 requires at least 7 days' notice. Since only about 3 days' notice was given, the statutory minimum was not met, and the strike therefore fell outside the protection of section 76(1) of the Act, justifying its prohibition and declaration as illegal.

p. 1

Legal principles established

#
  • A strike notice shorter than the 7 days prescribed under section 76 of the Labour Relations Act, 2007 renders the strike unprotected

Court orders

#
  1. 1.The strike by the respondent's members in employment of the claimant based on the strike notice of 08.12.2014 is forthwith prohibited
  2. 2.The respondent's members in employment of the claimant to continue discharging their duties
  3. 3.The strike by the respondent's members in employment of the claimant based on the strike notice of 08.12.2014 is declared unprotected and illegal
  4. 4.The parties are directed to continue in further conciliation in good faith with a view of resolving the dispute
  5. 5.Each party to bear own costs of the suit

Authorities

#

Legislation

  • Labour Relations Act, 2007section 76(1)
  • Labour Relations Act, 2007section 76(c)
  • Labour Relations Act, 2007section 77(1)
  • Industrial Court (Procedure) Rules 2010rule 16
Jurisdiction invoked
Section 77(1) of the Labour Relations Act, 2007 and rule 16 of the Industrial Court (Procedure) Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nyeri County Government v Kenya County Government Workers Union & another [2016] KEELRC 1396 (KLR)", Case Analysis (2016). Notice of Motion filed 17.12.2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1396/eng@2016-04-14

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