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ELRCPartially AllowedCause No 1422 of 2018· [2019] KEELRC 1729 (KLR)

Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Proposed Interested Party) eKLR [2019] KEELRC 1729 (KLR)

Employment and Labour Relations Court
6 May 2019
MOMaureen Onyango
1,560 words in judgment
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The bottom line

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A Kenyan court allowed a second trade union to join an employment case because it had a recognition agreement, members, and signed CBAs with the employer.

What this practically means

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Executive summary

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The Kenya Union of Commercial, Food and Allied Workers (KUCFAW) moved the Employment and Labour Relations Court by Notice of Motion dated 21st November 2018, under Section 12 of the Employment & Labour Relations Court Act and the ELRC (Procedure) Rules 2016, seeking to be enjoined as an interested party in the claim by the Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union against Vegpro (K) Limited, and thereafter to file a reply and a preliminary objection seeking dismissal of the claim for lack of locus standi. KUCFAW argued it was the relevant sector union with a valid Recognition Agreement and registered CBA (RCA No. 338 of 2017) covering all unionisable employees of the Respondent, and relied on Articles 36 and 41 of the Constitution, Sections 4 and 54 of the Labour Relations Act, ILO Convention No. 87, and the judgment in Cause 106 of 2009 (Kenya Union of Printing, Publishing Paper Manufacturers and Allied Workers v Mombasa Maize Millers). The Claimant opposed, citing pending causes 983 of 2017 and 1415 of 2018, questions over the legality of KUCFAW's recognition agreement and amended constitution, an existing demarcation judgment in Cause 70 of 2003, and excess union dues deducted contrary to Gazette Notice No. 11887 of 2007. The Respondent did not oppose the joinder. The court framed one issue: whether the proposed interested party proved sufficient interest. Applying Black's Law Dictionary's definition of an interested party and the decisions in Kenya Petroleum Oil Workers Union v Kenya Pipeline and Yusuf Abdi Adan v Hussein Ahmed Farah, the court held that the Recognition Agreement, membership among the Respondent's employees and negotiated CBAs demonstrated a recognizable stake, allowed the application and enjoined KUCFAW as an interested party, with no orders as to costs. The joinder application succeeded; the substantive claim remains pending.

Key legal issues

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Whether the proposed Interested Party demonstrated a sufficient stake to be joined as an interested party

Holding

The application succeeds; the union demonstrated a recognizable stake through its Recognition Agreement, membership among the respondent's employees and negotiated CBAs.

Reasoning

The court applied the definition of an interested party from Black's Law Dictionary (a party with a recognizable stake and therefore standing) and the approach in Kenya Petroleum Oil Workers Union v Kenya Pipeline Company, where parties with a stake in union dues were enjoined. The proposed Interested Party produced its Recognition Agreement, CBAs including RCA No. 338 of 2017, and check-off/membership evidence from the respondent's September 2018 payroll, satisfying the threshold for joinder under Articles 48 and 50(1) of the Constitution.

p. 3

Legal principles established

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  • An interested party is one with a recognizable stake (and therefore standing) in the matter
  • A party seeking to be enjoined as an interested party may be allowed under Articles 48 and 50(1) of the Constitution
  • A trade union with a valid Recognition Agreement with the respondent, members among the respondent's employees and negotiated CBAs has sufficiently demonstrated an interest to be enjoined as an interested party

Court orders

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  1. 1.The proposed Interested Party (Kenya Union of Commercial, Food and Allied Workers) is enjoined as an Interested Party in the claim
  2. 2.No orders for costs of the application

Authorities

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Legislation

  • Employment & Labour Relations Court ActSection 12
  • Employment & Labour Relations Court (Procedure) Rules 2016
  • Labour Relations ActSection 54(2)
  • Labour Relations ActSection 4
  • Labour Relations ActSection 54(8)
  • Civil Procedure ActSection 6
  • Constitution of KenyaArticles 36, 41, 48, 50(1)
  • Gazette Notice No. 11887 of 2007
  • International Labour Organization Convention No. 87

Cases cited (3)

  • Kenya Petroleum Oil Workers Union v Kenya Pipeline Company & 2 others
    [2017] eKLR
  • Yusuf Abdi Adan & another v Hussein Ahmed Farah & 3 others
    [2016] eKLR
  • Kenya Union of Printing, Publishing Paper Manufacturers and Allied Workers vs. Mombasa Maize Millers
    Cause 106 of 2009
Jurisdiction invoked
Section 12 of the Employment & Labour Relations Court Act and the Employment & Labour Relations Court (Procedure) Rules 2016

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 Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Proposed Interested Party) eKLR [2019] KEELRC 1729 (KLR)", Case Analysis (2019). Cause No 1422 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1729/eng@2019-05-06

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