Kenya Union Of Commercial, Food And Allied Workers v Uzuri Foods Limited (Golden Harvest Mills); Bakery, Confectionery, Food Manufacturing And Allied Workers Union (K) (Interested Party) (Cause 1974 of 2015) [2022] KEELRC 1466 (KLR)
The bottom line
#Kenya's Employment Court confirmed employees can switch unions freely, and employers must recognise a union once it signs up a simple majority.
What this practically means
#Executive summary
#Key legal issues
#Whether overlapping union constitutions bar recruitment and representation
Both unions' constitutions permitted them to recruit and represent the respondent's employees; overlap does not defeat employees' freedom of association
The court found the Industrial Relations Charter on record unreliable as it was unsigned and undated. Reading the rival constitutions, both covered the respondent's activities. Relying on prior authority, employees retain the right to choose among registered unions notwithstanding a sector overlap or an existing recognition agreement with another union.
Whether the claimant attained the statutory threshold for recognition
Yes; the claimant recruited about 73% (566 of unionisable employees) exceeding the simple majority under section 54 of the Labour Relations Act
The claimant's check-off sheets were not rebutted by the respondent or interested party, who led no evidence of deductions, remittances or payslip entries supporting the interested party's membership. The unexplained delay in executing the rival recognition agreement and failure to prove a simple majority weighed against the respondents.
Whether the respondent proved the counter-claim for losses arising from an alleged unlawful strike
No; the counter claim failed for want of proof
The respondent furnished no evidence of the alleged strike, its participants, or how the claimant's officers incited it. No appointment letters, pay rolls, sales records, accounts or computations substantiated the claimed losses of Kshs 346,555,183.35. The burden lay on the respondent as claimant on the counter claim.
Legal principles established
#- An employer shall recognise a trade union for collective bargaining where the union represents a simple majority of unionisable employees in its sector
- Employees have a constitutional right to choose their union even where a rival union's constitution covers the same sector
- The party asserting a claim bears the burden of proving it on a balance of probability
Court orders
#- 1.Declaration that the claimant is properly constituted and capable of representing labour interests of the respondent's employees
- 2.The respondent shall continue deducting and remitting to the claimant union dues from all its unionisable employees who have signed the claimant's check-off forms
- 3.The respondent shall not victimise, intimidate, harass or coerce or otherwise dismiss or terminate any of the members of the union on account of their membership or engagement in union activities
- 4.The respondent and the claimant to negotiate and conclude a recognition agreement within 60 days of the judgment
- 5.The respondent's counter claim dismissed with no order as to costs
- 6.Claimant awarded costs of the suit assessed at Kshs 60,000/=
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007, including section 54(8) on recognition disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union Of Commercial, Food And Allied Workers v Uzuri Foods Limited (Golden Harvest Mills); Bakery, Confectionery, Food Manufacturing And Allied Workers Union (K) (Interested Party) (Cause 1974 of 2015) [2022] KEELRC 1466 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1466/eng@2022-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.