Kenya County Government Workers Union v Embu Water and Sewerage Company Limited; Kenya Union of Water and Sewerage Employees (Objector) [2021] KEELRC 1096 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court refused to register a water company's CBA because the employer negotiated with the wrong union without SRC approval.
What this practically means
#Executive summary
#Key legal issues
#Whether KCGWU and the Employer had capacity to negotiate the CBA
They had no capacity because the recognition agreement between KUWASE (NUWASE) and the Employer was never terminated, and superior court decisions establish KUWASE as the appropriate union for the water sector
The National Labour Board never sanctioned revocation of the KUWASE recognition agreement, and the Employer's own recognition agreement with KCGWU was signed on 7th June 2017 during the subsistence of the KUWASE agreement. The Court of Appeal and this Court had previously held KUWASE the appropriate union for water companies. Accordingly, KCGWU and the Employer lacked capacity to enter a recognition agreement or negotiate a CBA.
Whether absence of SRC approval independently barred registration
Yes - the Employer did not obtain SRC approval before forwarding the CBA for registration, so the CBA would not have been registered on that ground alone
Section 15(6) of the Employment and Labour Relations Act requires the Court to refer to SRC guidelines to the extent relevant. Relying on the TSC v KNUT decision on the binding nature of SRC advice under Article 230(4)(b), the court held the Employer was obliged to seek SRC advice before CBA negotiations, which it did not do.
Legal principles established
#- An employer with a valid and subsisting recognition agreement lacks capacity to enter into another recognition agreement with a different union over the same employees
- An employer is required to seek SRC advice before entering into CBA negotiations with a union
Court orders
#- 1.The court declined to register CBA No. E022 of 2020 between KCGWU and Embu Water and Sewerage Company Limited
- Jurisdiction invoked
- Labour Relations Act and Employment and Labour Relations Act - registration of collective agreements under section 60(6) and (7) of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Embu Water and Sewerage Company Limited; Kenya Union of Water and Sewerage Employees (Objector) [2021] KEELRC 1096 (KLR)", Case Analysis (2021). CA No. E022 of 2020 (Objection Application dated 25th January 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1096/eng@2021-08-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.