Kenya Union of Commercial, Food & allied Workers Union (Kucfaw) v Agriculture & Food Authority (Coffee Directorate) Limited & another [2021] KEELRC 1335 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's bid to force a CBA, holding that when an employer entity is dissolved, the old bargaining relationship lapses too.
What this practically means
#Executive summary
#Key legal issues
#Whether a duty to conclude a CBA survived the dissolution of the Coffee Board of Kenya
No - the transitional framework lapsed and no valid recognition agreement exists between the Claimant and the 1st Respondent
The Conciliator found that on operationalisation of AFFA under the Crops Act, the former Coffee Board of Kenya is no longer a legal entity and the relationship with KUCFAW lapsed. The Court found that on the lapse of the CBA, the parties are strangers, and a dispute can only crystallise upon fresh recruitment of membership or recognition of the Union. The claim therefore lacked a foundation in a valid recognition agreement.
Whether the 2nd Respondent frustrated CBA negotiations
No - the allegation was grave but unsupported by any evidence
The Claimant accused the SRC of frustrating negotiations through circulars, but adduced no evidence of bias or maladministration. The Court accepted that the SRC was exercising its constitutional mandate under Article 230 and that advisory proposals, however unwelcome, do not constitute a stumbling block. The 2nd Respondent had merely requested information that the 1st Respondent had not supplied.
Costs of the suit
Each party to bear their own costs, reflecting their status as social partners and the limited scope of the claim
Although the claim was dismissed, the Court noted the parties are social partners and the claim was of limited scope; therefore it departed from the ordinary rule that costs follow the event and ordered each party to bear its own costs.
Legal principles established
#- Upon operationalisation of AFFA under the Crops Act, the former Coffee Board of Kenya ceased to be a legal entity and its relationship with the union lapsed, so no CBA can be negotiated absent a fresh recognition or recruitment of membership
- Any dispute over recognition must crystallise before a CBA dispute can be entertained by the Court
Court orders
#- 1.Suit dismissed
- 2.No order as to costs - each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007, over an unresolved trade dispute reported under Part VIII
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food & allied Workers Union (Kucfaw) v Agriculture & Food Authority (Coffee Directorate) Limited & another [2021] KEELRC 1335 (KLR)", Case Analysis (2021). Cause No 352 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1335/eng@2021-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.