Kenya County Government Workers Union v Othaya Mukuruweini Water Services Company Limited t/a Omwasco [2019] KEELRC 350 (KLR)
The bottom line
#A Kenyan court stopped an employer from intimidating union members or hiring replacements, confirming that registered collective bargaining agreements bind employers like law.
What this practically means
#Executive summary
#Key legal issues
#Whether an interim injunction should issue to restrain an employer from victimizing union members and hiring replacement labour contrary to a CBA
The injunction issued as sought in respect of intimidation, victimization and replacement labour, the court being satisfied that the CBA, once registered, binds the parties and that the Respondent could not alter staff contracts at will
The court noted that the parties had a recognition agreement and a CBA which, once registered, acquire the force of law and bind both unionized and unionisable staff. The allegations that the Respondent sought to alter staff contracts without adherence to the CBA and recognition agreement were inconsistent with the rule of law, and the Labour Relations Act recognizes the right to unionise and to enjoy a collective bargain. The court therefore found the injunctive remedy appropriate pending the hearing of the Petition.
Whether the Respondent's objections (unidentified members, absence of a prayer for permanent injunction, Rule 16(3)) defeated the application
The court did not accept these objections and granted the interim relief sought
The Respondent argued that the Petitioner had not identified whose members it acted for, had not sought a permanent injunction in the Petition (offending Rule 16(3) of the Court Procedure Rules), and had not met the Giella v Cassman Brown principles. The court nonetheless found that the CBA bound the Respondent and that its attempt to alter contracts at will was frowned upon by the law, and issued the injunction with costs to the Petitioner.
Legal principles established
#- Collective bargaining agreements once entered into and duly registered acquire the force of law and bind the union, the employer, unionisable employees and other employees covered by the CBA
- An employer cannot unilaterally alter employees' contracts of employment in disregard of a CBA and recognition agreement
Court orders
#- 1.Pending the hearing and determination of the Petition, the Respondent is restrained and prohibited from intimidating, threatening or in any way victimizing the Petitioner's members
- 2.Pending the hearing and determination of the Petition, the Respondents are restrained and prohibited from employing replacement labour and/or employees in the same position and to perform the same or similar work as the Petitioner's members without following the due process of the law
- 3.The Petitioner to have the costs of this application
- Jurisdiction invoked
- Not expressly stated; the court exercises its jurisdiction to grant interim injunctive relief pending determination of the Petition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Othaya Mukuruweini Water Services Company Limited t/a Omwasco [2019] KEELRC 350 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/350/eng@2019-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.