Kenya Long Distance Truck Drivers and Allied Workers Union v Transeast Professional Hauliers & another [2018] KEELRC 544 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether an employer must recognise a union claiming simple majority where it already has a Recognition Agreement and registered CBA with another union
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
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.
Whether the Interested Party is entitled to agency fees from the Claimant's members
Cannot be decided at the interlocutory stage; reserved for trial
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.
Whether the Respondent harassed, intimidated or coerced employees to resign from the Claimant Union
Denied by the Respondent; not capable of interlocutory determination
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.
Legal principles established
#- 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
#- 1.The Claimant's applications dated 25th April 2018 and 20th September 2018 are declined
- 2.The costs of the applications to follow the outcome of the main claim
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.