Kenya Medical Practioners, Pharmacists and Dentists’ Union (KMPDU) v County Government of Bomet [2021] KEELRC 1942 (KLR)
The bottom line
#Kenya's Employment Court ruled that Bomet County must honour its signed doctors' agreement, holding the county in contempt for failing to implement the CBA.
What this practically means
#Executive summary
#Key legal issues
#Whether the existence and non-implementation of the CBA and RTWF were established
The court held that the respondent admitted entering into the CBA effective 1/7/2017 and the RTWF of 14/3/2017, and admitted to not implementing them in full; prayers (a) and (b) were therefore allowed
The respondent admitted the existence of the CBA registered under RCA 239 of 2017 and the RTWF of 14/3/2017, and averred it was making every attempt to implement them. The parties negotiated until negotiations failed in December 2020. The court found the respondents had in effect admitted non-implementation in full, justifying the declaratory orders and costs.
Whether the petition was premature for failure to exhaust conciliation under Section 67 of the Labour Relations Act
The court declined to strike out the petition for prematurity, noting negotiations had failed, though observing it would have been more prudent to exhaust negotiations first
The respondent argued that disputes over CBA implementation should go to a Labour Officer for conciliation before filing suit. The court acknowledged the parties negotiated until negotiations failed in December 2020 and that it would have been more prudent to start with negotiations, but since the parties were already before the court and the respondent admitted non-implementation, the court entertained the petition.
Whether the petitioner pleaded the alleged constitutional violations with sufficient precision and particularity
The court did not make a express finding on the Anarita Karimi Njeru particularity argument; it decided the matter on the admissions regarding the CBA and RTWF
The respondent submitted, citing Anarita Karimi Njeru, Mumo Matemu, Kenya Youth Parliament and CCK v Royal Media Services, that the petitioner failed to plead with specificity the constitutional provisions violated. The court's judgment did not expressly resolve this submission, instead disposing of the matter on the admitted contractual and statutory instruments and their non-implementation.
Legal principles established
#- A registered CBA, a return to work formula and a scheme of service duly entered into between a union and a county government are legally binding and enforceable
- Failure by an employer to fully implement a registered CBA and RTWF amounts to contempt of the certificate of registration of the CBA
Court orders
#- 1.A declaration that the collective bargaining agreement effective on 1.07.2017 and registered under RCS 239 of 2017, the return to work formula entered on 14.3.2017, and the petitioner's scheme of service are legally binding and enforceable
- 2.A declaration that the Respondent is in contempt with respect to ELRC Certificate of registration of collective bargaining agreement CA No.288 of 2017 issued by Hon Justice Nzioka wa Kamau, with relevant punishment to be prescribed as the Court deems appropriate
- 3.Costs to the petitioners
- 4.That the parties put in place an implementation matrix of the orders granted, failure of which appropriate action should be taken against the respondents
- Jurisdiction invoked
- Original constitutional and employment jurisdiction of the Employment and Labour Relations Court (petition alleging violation of constitutional rights and enforcement of a CBA registered under RCA 239 of 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Medical Practioners, Pharmacists and Dentists’ Union (KMPDU) v County Government of Bomet [2021] KEELRC 1942 (KLR)", Case Analysis (2021). Petition dated 1st October, 2020 (filed 2nd October, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1942/eng@2021-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.