KCA University v Kenya Private University Workers Union Chairperson & another; Registrar of Trade Unions (Interested Party) (Petition E044 of 2022) [2023] KEELRC 2766 (KLR)
The bottom line
#A Kenyan court confirmed that trade unions have a legal right to hold meetings on employer premises, and a university could not block them with an injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner established a prima facie case with a probability of success to warrant a temporary injunction against union access to its premises
No prima facie case was established; section 56 of the Labour Relations Act confers a right of access on trade unions, and the Union had historically met on the premises without complaint
The court applied Giella v Cassman Brown and Nguruman. The petitioner's case rested on fears of disruption of learning and violation of property rights, but section 56 LRA grants unions reasonable access including holding meetings with members outside working hours, with the employer entitled only to impose reasonable conditions as to time and place. The Union had met at the premises since 2016 without hindrance, so no apparent infringement of a right was shown.
Whether the remaining Giella/Nguruman conditions (irreparable injury, balance of convenience) required consideration
Not required, since the first condition failed
Relying on Nguruman, the court held the injunction conditions are considered sequentially. Having found no prima facie case, the enquiry ends there, and the arguments about disruption of learning and absence of compensable damages did not fall for determination.
Legal principles established
#- Under section 56 of the Labour Relations Act, a trade union whose officials have not been named/authorised still enjoys a right of reasonable access to the employer's premises to pursue lawful union activities, subject to reasonable conditions as to time and place
- The conditions for a temporary injunction must be considered sequentially; failure on the first (prima facie case) disposes of the application
Court orders
#- 1.The Petitioner/Applicant's Notice of Motion dated 7th March 2022 is dismissed
- Jurisdiction invoked
- Articles 22 and 23 of the Constitution of Kenya 2010; Order 51 Rules 1 and 4 of the Civil Procedure Rules 2010; sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KCA University v Kenya Private University Workers Union Chairperson & another; Registrar of Trade Unions (Interested Party) (Petition E044 of 2022) [2023] KEELRC 2766 (KLR)", Case Analysis (2023). Petition No E044 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2766/eng@2023-10-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.