Union of National Research and Allied Institutes and Allied Staff of Kenya (UNRISK) v Bukura Agricultural College (Employment and Labour Relations Cause 19 of 2021) [2023] KEELRC 1346 (KLR)
The bottom line
#A Kakamega employment court ruled that public employers must negotiate CBAs within Salaries and Remuneration Commission limits, so unions cannot claim wage increases outside those parameters.
What this practically means
#Executive summary
#Key legal issues
#Whether the court could depart from the SRC advice of December 1, 2021 on wage increment and commuter allowance
The SRC advice is binding; the respondent was bound to negotiate the CBA within the SRC parameters of retention of status quo, and the claim on wage increase and commuter allowance was dismissed.
The court applied the Court of Appeal decision in TSC v KNUT (Odek JA), which held that if a Supreme Court advisory opinion is binding, a constitutional advice is more binding; an interpretation rendering Article 230(5) idle would be unconstitutional. The court found itself bound by that precedent and held the SRC letter of December 1, 2021 binding on the parties.
Whether the CPMU expert report displaced the SRC parameters
No. The CPMU report was a scientific expert report to assist the court, but the SRC's constitutional mandate on fiscal sustainability took precedence.
The CPMU report recommended a CPI-based increment but the court found that the respondent's dependence on exchequer funding and revenue programs dependent on the exchequer placed the SRC's role at a higher ground, given its constitutional mandate under Article 230(5) to ensure the total public compensation bill is fiscally sustainable.
The legal framework for collective bargaining
Voluntary negotiation of CBAs is protected by ILO Convention 98 Article 4 and Articles 41(2)(a) and 41(5) of the Constitution, operationalised by sections 57, 59 and 60 of the LRA.
Section 57(1) obliges a recognising employer to conclude a collective agreement; section 59 makes registered agreements binding and enforceable; section 60(6) bars registration of agreements conflicting with law or with guidelines concerning wages and conditions issued by the Minister or relevant bodies.
Legal principles established
#- An employer that has recognised a trade union must conclude a collective agreement with the recognised union setting out terms and conditions of service for all unionisable employees covered by the recognition agreement.
- A collective agreement becomes enforceable upon registration by the Industrial Court and is effective from the date agreed by the parties.
- The advice given by SRC on the parameters for negotiation of a CBA is binding.
Court orders
#- 1.The court dismisses the claim dated June 14, 2021 with respect to the two outstanding issues of general wage increase and commuter allowance
- 2.Each party to bear its own costs of the suit
- 3.The parties advised to proceed and conclude the CBA as guided by SRC
- Jurisdiction invoked
- Labour Relations Act, sections 57, 59 and 60; Article 41 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of National Research and Allied Institutes and Allied Staff of Kenya (UNRISK) v Bukura Agricultural College (Employment and Labour Relations Cause 19 of 2021) [2023] KEELRC 1346 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1346/eng@2023-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.