County Government of Kirinyaga v Kenya Medical Practitioners, Pharmacists & Dentists Union & 3 others;Cabinet Secretary, Labour and Social Protection & another (Interested Party) [2019] KEELRC 1253 (KLR)
The bottom line
#Kenya's Employment Court ruled the Kirinyaga County workers' strike illegal because county workers provide essential services and skipped mandatory conciliation steps.
What this practically means
#Executive summary
#Key legal issues
#Whether the strike by Kirinyaga County workers was protected
The strike was illegal and unprotected because the members are engaged in an essential service and the statutory pre-conditions under Sections 76, 77 and 78 of the Labour Relations Act were not met.
The court reproduced Sections 76, 77 and 78 of the Labour Relations Act, which require a trade dispute to be unresolved after conciliation and seven days' written notice before a strike, and prohibit strikes where parties are engaged in an essential service. On a plain reading, county workers whose withdrawal of service would endanger life, health or personal safety fall within the prohibition, and the ILO guidelines confirm that limiting strikes in essential services is admissible.
Whether a strike called before referral to conciliation is unprotected
A strike called before referring the dispute to conciliation under Section 62 of the Labour Relations Act, as required by Sections 76(b) and 78(1)(e), is unprotected.
Counsel for the Claimant, relying on the Inter-Public Universities' Councils case, submitted that a strike called before conciliation is unprotected. The court's own reproduction of Section 76(b) confirms that a strike is permissible only where the dispute is unresolved after conciliation under the Act or under a registered collective agreement. The Claimant argued the applicable collective bargaining and recognition agreements provided dispute-resolution procedures that were not followed.
Legal principles established
#- A strike in an essential service is expressly prohibited and therefore unprotected
Court orders
#- 1.Motion by the Claimant/Applicant granted as merited
- 2.Costs awarded to the Claimant
- Jurisdiction invoked
- Sections 76, 77 and 78 of the Labour Relations Act; inherent jurisdiction of the Industrial Court to prohibit strikes under Section 77
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kirinyaga v Kenya Medical Practitioners, Pharmacists & Dentists Union & 3 others;Cabinet Secretary, Labour and Social Protection & another (Interested Party) [2019] KEELRC 1253 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1253/eng@2019-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.