Kenya National Union of Nurses v Kenyatta National Hospital Board & 3 others [2016] KEELRC 1814 (KLR)
The bottom line
#Kenya's Employment Court dismissed a nurses' union's case because it had no recognition agreement with the hospital, confirming only recognized unions can sue for employees.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of an unrecognized trade union to bring a petition on behalf of another employer's employees
The petitioner lacks locus standi; a union without a recognition agreement cannot bring collective disputes on behalf of employees of an employer that recognizes a rival union
The court relied on section 54(1) of the Labour Relations Act requiring simple majority representation for recognition. The petitioner admitted it had no recognition agreement with KNH and produced no evidence that the grievant was its member. Following Communication Workers Union v Safaricom, recognition grants a union legal capacity to engage the employer; allowing third parties without recognition would render the statutory scheme redundant and bring confusion at the workplace.
Jurisdiction of the court over the subject matter
The court had jurisdiction, since the subject matter falls within Article 162(2)(a) and section 12 of the Employment and Labour Relations Act, but this was unnecessary given the locus finding
The court stated in passing that if the petitioner were suited to bring the suit, the court would have jurisdiction under Article 162(2)(a) of the Constitution as read with section 12 of the Employment and Labour Relations Act, 2011 as amended. This was obiter as the petition failed on locus standi.
Contempt of court application
The contempt application could not stand given the lack of locus standi, and in any event the petitioner failed to meet the committal requirements in Christine Wangari Chege
The court found the petitioner lacked locus standi to bring the suit in the first place, so the contempt application could not stand. Additionally, the application did not comply with the requirements that grounds for committal be set out fully, separately and numerically, supported by affidavit, with personal service of orders bearing a penal notice.
Legal principles established
#- A union that is not recognized by an employer has no legal mandate to operate in the employer's premises other than for recruiting members, and cannot represent employees of that employer in a dispute
- A union lacking a recognition agreement lacks locus standi to commence a suit on behalf of another employer's employees
- Constitutional rights and freedoms must be enjoyed within the statutory confines of relevant statutes
Court orders
#- 1.The suit is dismissed in its entirety
- 2.Costs to be met by the petitioner
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya, 2010 as read with section 12 of the Employment and Labour Relations Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kenyatta National Hospital Board & 3 others [2016] KEELRC 1814 (KLR)", Case Analysis (2016). Petition (filed 25th August 2014; Industrial Court Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1814/eng@2016-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.