Kenya Export Floriculture and Allied Workers Union v Bohemian Flowers Ltd; Kenya Plantation & Agricultural Workers Union (Interested Party) (Employment and Labour Relations Cause E006 of 2023 & Miscellaneous Application E161 (NRB) of 2023 (Consolidated)) [2024] KEELRC 1055 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant recruited a simple majority of the Respondent's unionisable employees
Some recruitment was proved, but the Claimant's gains were overtaken by the Respondent's later recognition of the Interested Party
The Court found the check-off forms lacked dates, but the Respondent produced no evidence that recruited members reneged on membership. The conciliator's report of 19th June 2023 confirmed the Claimant had recruited a simple majority. However, the Respondent had meanwhile entered a recognition agreement with the Interested Party, so whatever recruitment the Claimant achieved was overtaken by events.
Whether a Ministerial order under section 48 of the Labour Relations Act is a precondition to deduction of union dues
No - section 48(2) is permissive, not mandatory
The Respondent argued that without a Ministerial order it had no power to deduct dues. The Court read section 48(2) and held the provision is not couched in mandatory terms; the insistence on a Ministerial order was not backed by the law. This removed the Respondent's principal procedural defence but did not save the claim.
Whether the Court could revoke the recognition agreement between the Respondent and the Interested Party
No - only the National Labour Board may terminate or revoke a recognition agreement under section 54(5)
Having found that the Respondent and Interested Party had signed a recognition agreement (and a CBA dated 15th June 2023), the Court held that any attempt to reverse that position lies before the National Labour Board under section 54(5) of the Labour Relations Act. The Court accordingly lacked jurisdiction to revoke the agreement, and the claim was overtaken by events and dismissed.
Legal principles established
#- Section 48(2) of the Labour Relations Act is not couched in mandatory terms, so a Ministerial order is not a strict precondition to a demand for check-off deductions
- Only the National Labour Board has power to terminate or revoke a recognition agreement, and the Employment and Labour Relations Court cannot revoke one
Court orders
#- 1.The claim is dismissed.
- 2.No order of costs (no order as to costs).
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act and Employment Act; matters referred following conciliation under the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Export Floriculture and Allied Workers Union v Bohemian Flowers Ltd; Kenya Plantation & Agricultural Workers Union (Interested Party) (Employment and Labour Relations Cause E006 of 2023 & Miscellaneous Application E161 (NRB) of 2023 (Consolidated)) [2024] KEELRC 1055 (KLR)", Case Analysis (2024). ELRC Cause No. E006 of 2023 (Nakuru), with consolidated Miscellaneous Application No. 161 of 2023 (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1055/eng@2024-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.