Kenya National Union of Nurses (KNUN) v Kenya Medical Research Institute (KEMRI) & 2 others [2020] KEELRC 1577 (KLR)
The bottom line
#Kenya's Employment Court struck out a union's suit because it was filed by an officer without written authority, and confirmed union recognition requires a majority of the whole workforce.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit was properly instituted by an authorised representative of the union
The suit was incompetent because it was referred to the court by Mr. Odongo Odongo Okatch, who produced no written authority from the General Secretary as required by section 73(3) read with section 2 of the LRA
Section 2 of the LRA defines an authorised representative as the General Secretary or a person appointed in writing by such representative. Section 73(3) permits only the authorised representative to refer a trade dispute to the court. Mr. Okatch only deposed that he was competent to swear the affidavits and filed no written authority even after the objection was raised on 22.2.2018. Non-compliance is not a mere procedural technicality but goes to the court's jurisdiction.
Whether recognition may be accorded to a union recruiting only a fraction (31 nurses) of the employer's 945 unionisable workforce
No - the simple majority required under section 54(1) refers to the entire unionisable workforce, not a separate interest group within it
The court held that a union seeking recognition must recruit a simple majority of the entire unionisable workforce of the employer. Allowing recognition based on a fraction would amount to unlawfully amending the law, encourage disorder in labour relations, and burden employers with obligations not envisaged in the Act. The existing Recognition Agreement and CBA between the 1st and 2nd Respondents covered all 945 staff.
Legal principles established
#- A trade dispute may only be referred to the Industrial Court by the authorised representative of a trade union; a suit referred by any other person is incompetent and goes to jurisdiction
- Under section 54(1) of the Labour Relations Act, a simple majority of unionisable staff refers to the entire workforce and not separate interest groups within it
Court orders
#- 1.The suit is struck out with costs
- Jurisdiction invoked
- Section 73(3) read with section 2 of the Labour Relations Act, No. 14 of 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses (KNUN) v Kenya Medical Research Institute (KEMRI) & 2 others [2020] KEELRC 1577 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1577/eng@2020-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.