Nelson Nyangaresi Bosire v Board of Management Sacred Heart Boys Secondanry School, Rongai, Nakuru & 3 others [2020] KEELRC 948 (KLR)
The bottom line
#Kenya's Employment Court ruled that a trade union's settlement of a worker's dismissal claim binds the worker, and dismissed his challenge with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the conciliation settlement negotiated by the trade union bound the petitioner
Yes. The union was the petitioner's legal representative under the Labour Relations Act and the CBA and had capacity to settle the terminal dues dispute on his behalf; the petitioner, having been paid Ksh.45,000, cannot revive the dispute.
The court found the petitioner was unionised under the 2nd respondent which had a CBA with the employer. Following a dispute, conciliation was undertaken by the labour office under sections 62, 67 and 69 of the Labour Relations Act, resulting in settlement and payment. The union's representation in negotiating the settlement was lawful and valid, and the court saw no justifiable cause to interfere with it.
Whether the petition was the correct procedural vehicle
No. The petitioner should have filed a Memorandum of Claim under Rule 7 of the ELRC (Procedure) Rules, 2016, which would have allowed evidence to be called on the employment and terminal dues claims.
Relying on Maurice Adongo Anyango v KICC and Judicial Service Commission v Gladys Boss Shollei, the court held that employment claims governed by the Employment Act are best brought as memoranda of claim in the ELRC rather than petitions, since claims like terminal dues and salary arrears require interrogation of evidence rather than affidavit-based petitions.
Whether failure by the conciliator to issue a Certificate of Unresolved Dispute was cured by the petition
No. Filing the petition did not cure the statutory requirements; where a dispute is unresolved, a certificate or affidavit of failure must accompany a claim.
The court applied Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Co Ltd, which requires a conciliator's certificate under section 69(a) of the Labour Relations Act or an affidavit stating the failure before suit. In any event, the dispute here was settled, so the issue was academic.
Who bears responsibility if the union failed to protect the petitioner's interests
Any grievance against the union lies against the union itself, which owes fiduciary duties to members, not against the employer or the labour office.
Citing Seth Panyako, the court held that a registered trade union acquires capacity to sue and be sued and owes a fiduciary duty to represent members honestly and diligently; breach of that mandate is actionable against the union, but the employer and state respondents cannot be faulted where dues were settled with the union.
Whether the court could refer the matter back to conciliation
Under section 15 of the Employment and Labour Relations Court Act, 2011 the court may refer a dispute back to conciliation, but here the dispute had already been resolved and paid.
The court noted its power under section 15 to refer a case back to mediation or conciliation at any stage where the dispute ought to have been so referred. Since the settlement had been achieved and payment made through the conciliation process, filing the petition merely ignored an already-completed process.
Legal principles established
#- A trade union, as the legal representative of an employee under a CBA, has the capacity to negotiate and settle terminal dues on behalf of its member, and the member cannot revive the settled dispute.
- Employment and labour relations claims, including terminal dues, ought to be instituted by way of a Memorandum of Claim rather than a petition.
- Where a union fails to act in a member's best interests in a settled dispute, the remedy lies against the union, not the employer or state organs.
Court orders
#- 1.Dismissal of the petition
- 2.Award of 25% of costs to the respondents
- Jurisdiction invoked
- Articles 41, 47, 48 and 50 of the Constitution of Kenya, 2010 read with section 15 of the Employment and Labour Relations Court Act, 2011 and Rule 7 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mbugua v Mbugua & 2 others; Keter (Interested Party) (Environment and Land Case 169 of 2007) [2026] KEELC 1813 (KLR)[2026] KEELC 1813 (KLR)24 Mar 2026applied
- Gathi & another v Kenya Power & Lighting Co Ltd (Environment and Land Case Civil Suit 336 of 2014) [2025] KEELC 4826 (KLR)[2025] KEELC 4826 (KLR)26 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Nelson Nyangaresi Bosire v Board of Management Sacred Heart Boys Secondanry School, Rongai, Nakuru & 3 others [2020] KEELRC 948 (KLR)", Case Analysis (2020). Petition No. 1 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/948/eng@2020-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.