Kenya National Private Security Workers Union v Watchdog Limited [2018] KEELRC 2106 (KLR)
The bottom line
#A Kenyan court dismissed a union's recognition and underpayment claims because it failed to prove membership majority or wage underpayment with actual evidence.
What this practically means
#Executive summary
#Key legal issues
#Recognition of union under section 54(1) of the Labour Relations Act, 2007
The Claim failed because the union did not prove it had recruited a simple majority of 50 + 1% of the unionisable employees; the only figures before the court were provided by the Respondent, which disputed 17 names on the check-off list.
The union attached a check-off list of 62 names but no documentation stated how many members had been recruited against total unionisable employees. The Respondent, with 121 employees of whom 112 were unionisable, showed 17 disputed names: duplicates, employees who had left employment, and non-existent persons. The burden lay on the union under sections 106-109 of the Evidence Act and was not discharged, so recognition could not be compelled.
Claim for underpayment of wages, house allowance and overtime
The underpayment claim failed as a bare allegation unsupported by evidence.
The Memorandum of Claim did not disclose how or by how much employees were underpaid. The Respondent denied the allegations. Neither party called oral evidence, both relying on written submissions. Without tangible evidence on a balance of probabilities, the court could not find for the union on wages, house allowance, medical cover, leave or overtime.
Legal principles established
#- He who alleges must prove on a balance of probabilities the allegations to want the court to find in his/her favour
- A union claiming recognition under section 54(1) of the Labour Relations Act must tender tangible evidence of recruitment of a simple majority of 50 + 1% of the unionisable employees
Court orders
#- 1.The suit is dismissed
- 2.Costs of the suit awarded to the Respondent
- Jurisdiction invoked
- Articles 36 and 41 of the Constitution and section 54 of the Labour Relations Act, 2007; reference by conciliator under section 65(1) of the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Watchdog Limited [2018] KEELRC 2106 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2106/eng@2018-04-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.