Kenya Plantation Agricultural Workers Union v Flowers (Cause E019 of 2023) [2023] KEELRC 1713 (KLR)
The bottom line
#The Employment Court declined to order payment of disputed union dues, instead directing the union and employer to reconcile their conflicting figures through supervised conciliation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent remitted union dues deducted from members' salaries (August 2022 to March 2023) and the 2019-2020 arrears
The court found the Respondent had produced evidence of some payments but failed to demonstrate that all dues owed were fully paid up
The court noted the MOU dated July 16, 2021 showed Kshs 3.6M was owed to the Union, and the Respondent claimed to have paid Kshs 2,400,000 per the consent of July 22, 2022 via postdated cheques maturing by January 20, 2023. However, scrutinising the Respondent's documents, the court found that while some monies were paid, the Respondent did not demonstrate that all dues were paid up, yet the precise shortfall also required reconciliation of the parties' conflicting figures.
Burden of proof on the Applicant's claim of Kshs 1,600,000 arrears
The Respondent argued, in submissions, that the Applicant's figures were unsupported by evidence contrary to Sections 107, 109 and 112 of the Evidence Act; the court did not adopt this as its holding, instead referring the matter for reconciliation
The Respondent relied on Mbuthia Macharia v Annah Mutua to contend the Applicant bore the legal burden of proving the sums claimed, and that the Respondent had discharged an evidential burden by producing RTGS transfer records. The court, however, found the Respondent's own documentation insufficient to prove full payment and directed a party-led reconciliation supervised by the County Labour Officer under Section 15(4) of the ELRC Act.
Legal principles established
#- Where parties' accounts of remitted union dues conflict, the court may refer the matter for reconciliation/conciliation under Section 15(4) of the ELRC Act under supervision of the County Labour Officer.
Court orders
#- 1.The matter is referred back to the parties for a conciliation process under the supervision of the County Labour Officer
- 2.The parties to reconcile their figures pursuant to Section 15(4) of the ELRC Act
- 3.Costs in the cause
- Jurisdiction invoked
- Article 41 of the Constitution; Section 49 of the Labour Relations Act; Section 15(4) of the ELRC Act; inherent powers of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation Agricultural Workers Union v Flowers (Cause E019 of 2023) [2023] KEELRC 1713 (KLR)", Case Analysis (2023). Notice of motion dated March 6, 2023 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1713/eng@2023-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.