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ELRCDismissedNot stated in the judgment extract· [2018] KEELRC 544 (KLR)

Kenya Long Distance Truck Drivers and Allied Workers Union v Transeast Professional Hauliers & another [2018] KEELRC 544 (KLR)

Employment and Labour Relations Court
29 November 2018
1,442 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused urgent union relief because disputes over membership numbers and agency fees need full evidence at trial, not quick interim orders.

What this practically means

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Executive summary

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The Claimant Union filed twin applications against the Respondent employer. The first, dated 25th April 2018, sought to restrain the Respondent from harassing, dismissing, threatening or intimidating the Claimant's members, and was premised on the Respondent's refusal to sign a Recognition Agreement despite the Claimant's alleged recruitment of a simple majority, confirmed by a conciliator appointed by the Ministry of Labour. The second, dated 20th September 2018, sought to restrain the Respondent from deducting agency fees from the Claimant's members for remittance to the Interested Party, contending the deductions breached Articles 36 and 41 of the Constitution. The Respondent, through its HR Manager Lorin Kimuyu, replied that it had verified 190 of 345 employees recruited by the Claimant and was deducting dues, but could not grant recognition as it already had a Recognition Agreement with the Interested Party, Transport Workers Union, with a registered CBA for 2018-2019; it denied harassment and said dues were stopped only for resigning members under Section 48(6) of the Labour Relations Act. The Interested Party asserted a valid Recognition Agreement, a right to agency fees under Section 49 and Legal Notice No. 130 of 2018, and denied collusion. The Court held the real dispute was a turf war over membership numbers between the two unions, requiring evidence at trial, and could not be determined at the interlocutory stage. Both applications were declined, with costs reserved to follow the main claim.

Key legal issues

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01

Whether an employer must recognise a union claiming simple majority where it already has a Recognition Agreement and registered CBA with another union

Holding

Not determinable at interlocutory stage; the Claimant alleged majority recruitment but the Respondent and Interested Party asserted a subsisting Recognition Agreement and CBA with the Interested Party, requiring evidence at trial

Reasoning

The Respondent deponed that it already had a Recognition Agreement with Transport Workers Union, 81 members, and a registered CBA for 2018-2019, and that it was advised it could not execute two Recognition Agreements. The Claimant's competing claim of majority membership was contested and the numbers disputed, making the issue unfit for interlocutory determination.

p. 2
02

Whether the Interested Party is entitled to agency fees from the Claimant's members

Holding

Cannot be decided at the interlocutory stage; reserved for trial

Reasoning

The Interested Party asserted a statutory right to agency fees under Section 49 of the Labour Relations Act pursuant to Legal Notice No 130 of 13th June 2018, while the Claimant contended its members had procedurally resigned from the Interested Party and that continued deductions breached Articles 36 and 41 of the Constitution. The factual contest required evidence.

p. 3
03

Whether the Respondent harassed, intimidated or coerced employees to resign from the Claimant Union

Holding

Denied by the Respondent; not capable of interlocutory determination

Reasoning

The Claimant alleged harassment, intimidation and forced resignations, but the Respondent's HR Manager swore that no employee was harassed or dismissed for union membership and that deductions were stopped only for employees who had resigned pursuant to Section 48(6) of the Labour Relations Act. This was a contested factual matter for the main claim.

p. 2

Legal principles established

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  • Disputes as to which union has recruited a simple majority of employees for recognition purposes require viva voce evidence and cannot be resolved on interlocutory applications

Court orders

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  1. 1.The Claimant's applications dated 25th April 2018 and 20th September 2018 are declined
  2. 2.The costs of the applications to follow the outcome of the main claim

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 36 and 41
  • Labour Relations Act, 2007Section 48(6)
  • Labour Relations Act, 2007Section 49
  • Legal Notice No. 130 of 13th June 2018
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (Constitution of Kenya, 2010, Articles 36 and 41 invoked by the Claimant; Labour Relations Act, 2007 provisions on recognition, union dues and agency fees)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Long Distance Truck Drivers and Allied Workers Union v Transeast Professional Hauliers & another [2018] KEELRC 544 (KLR)", Case Analysis (2018). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/544/eng@2018-11-29

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