Kudheiha Workers v B.O.M. Eastleigh High School [2021] KEELRC 1408 (KLR)
The bottom line
#A Kenyan court refused to force a school to recognise a union because the union couldn't prove it had recruited most employees.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant proved a simple majority under section 54(1) LRA
The claim failed; the claimant did not prove a simple majority of the respondent's unionisable employees
The claimant's check-off list of 16th July 2012 listed 19 persons, but there was no evidence contrasting that list against the total number of the respondent's non-teaching staff. Recognition cannot be granted on mere assertion of majority; it must be established on evidence as required by section 54(1) of the LRA and the authorities cited.
Whether the claimant demonstrated sectoral coverage by forwarding its constitution
The claimant failed to share its union constitution with the respondent, which was necessary to establish the sector it is authorised to cover
A trade union seeking recognition must demonstrate it covers the industry and sector of the employer by forwarding its constitution at the time of seeking recognition. The court adopted the holding in Kenya Petroleum Oil Workers Union v Kenol Mahavir Service Station where failure to supply the constitution prevented the court from determining the sectors covered.
Legal principles established
#- An employer must recognise a trade union for collective bargaining where that union represents a simple majority of unionisable employees and operates in the employer's sector
- Attainment of a simple majority for recognition is a matter of evidence and a trade union must lay documentary evidence before the court
Court orders
#- 1.The instant suit is dismissed
- 2.Each party shall bear own costs
- 3.The claimant is at liberty to move the court under section 54 of the Labour Relations Act, 2007 where the simple majority threshold is achieved
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the dispute concerning refusal to sign a recognition agreement, pursuant to section 54 of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kudheiha Workers v B.O.M. Eastleigh High School [2021] KEELRC 1408 (KLR)", Case Analysis (2021). Cause No. 1095 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1408/eng@2021-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.