Kenya County Government Workers Union v Nakuru County Government & another [2018] KEELRC 36 (KLR)
The bottom line
#Kenya's Employment Court ruled that a union can sue a county government without a recognition agreement and without first going through the Labour Minister.
What this practically means
#Executive summary
#Key legal issues
#Whether lack of a recognition agreement with the 1st respondent renders the suit fatally defective under section 54 of the Labour Relations Act
No - recognition depends on facts (simple majority membership, termination clauses of prior recognition, transitional provisions) requiring evidence at trial
The court held that section 54(1) requires recognition where a union represents a simple majority of unionisable employees. The claimant enjoyed recognition with defunct local authorities and has members among the respondents' employees. Whether the claimant retains a simple majority, and the effect of transitional provisions and the prior recognition agreement's termination clauses, are evidentiary matters that cannot be resolved on a preliminary objection.
Whether the suit is premature for non-compliance with section 62 of the Labour Relations Act (reporting to the Minister)
No - section 62 is not mandatory and does not oust the court's jurisdiction
The court found section 62 permissive rather than mandatory; reporting a trade dispute to the Minister for conciliation is best practice but not a precondition. The court's jurisdiction under Article 162(2) subsists even where a complaint is filed with the Minister under section 62, so the claimant's failure to exhaust conciliation did not defeat the suit.
Whether the 2nd respondent (County Public Service Board) is improperly joined
No - the Board is a necessary party given its statutory functions
Under sections 57 and 59 of the County Government Act, 2012, the Board establishes and abolishes offices, appoints persons, and exercises disciplinary control over county public service staff on behalf of the county government. These functions place it directly in contact with the claimant's members, making it a crucial and relevant party for effectual determination of the dispute.
Legal principles established
#- Section 62 of the Labour Relations Act does not oust the court's original jurisdiction over trade disputes filed by a trade union.
- Recognition of a trade union under section 54 depends on whether it represents a simple majority of unionisable employees, a question requiring evidence.
Court orders
#- 1.The respondents' Notice of Preliminary Objection dated 24th April 2018 is dismissed
- 2.Costs should be in the cause
- Jurisdiction invoked
- Article 162(2) of the Constitution, 2010 (employment and labour relations jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Nakuru County Government & another [2018] KEELRC 36 (KLR)", Case Analysis (2018). Cause No 82 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/36/eng@2018-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.