Kenya Private University Workers Union v Africa Nazarene University (Cause 900 of 2017) [2023] KEELRC 1982 (KLR)

The Respondent had applied to the National Labour Board for revocation of the Recognition Agreement on the ground that the Claimant Union had fallen below the simple majority representation threshold. The Court held that the revocation dispute was properly before the Board and that ruling on the CBA negotiation orders and contempt application would prematurely determine that question. The parties were directed to return to the Court once the Board had determined the matter.

The Claimant alleged wilful disobedience of the 4th March 2019 order directing compliance with sections 48 and 54 of the Labour Relations Act. The Respondent contended it had complied by signing the Recognition Agreement, that the Contempt of Court Act 2016 had been declared unconstitutional, and that contempt is a last resort where a civil remedy exists. The Court did not resolve these contentions, electing instead to stay the proceedings.

The Claimant sought an order compelling the Respondent to provide a counter proposal and conclude the CBA within 30 days, plus a prohibitory order against victimisation and coercion of members. The Respondent maintained the Union no longer commanded simple majority representation and had applied for revocation of the Recognition Agreement. The Court held it would usurp the Board's role by ordering conclusion of the CBA negotiations while the revocation application was pending.