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ELRCDismissedCause (memorandum of claim filed 21st November 2019)· [2024] KEELRC 1258 (KLR)

Kenya Engineering Workers Union v M/s Pronto Energy Limited (Cause 785 of 2019) [2024] KEELRC 1258 (KLR)

Employment and Labour Relations Court
10 May 2024
AJABUODHA NELSON JORUM
1,775 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a union's recognition claim because a rival union recruited more members, confirming union recognition depends on keeping a simple majority.

What this practically means

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Executive summary

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The claimant union filed a memorandum of claim on 21st November 2019 under sections 62 and 74 of the Labour Relations Act, 2007, alleging it had recruited 176 of the respondent's approximately 250 unionisable employees, submitted check-off forms and a model recognition agreement which the respondent declined to sign, and subsequently terminated 78 employees for joining the union. It sought orders compelling deduction and remittance of union dues under section 48, payment of 2% of members' gross salaries, an injunction against victimization, and execution of a recognition agreement. The respondent denied service of the check-off forms, asserted a unionisable workforce of 727, and contended the claimant fell far short of the simple majority required by section 54. Written submissions were filed by both parties, the claimant relying on the Kenya Engineering Workers Union case and the respondent on the Kenya Private Universities Workers Union case. During the pendency of the suit, the rival Kenya Petroleum Oil Workers Union recruited some 722 of the respondent's 727 unionisable employees and, by a ruling in Cause E133 of 2022 delivered on 7th July 2023, the Court ordered the respondent to recognize KPOWU and deduct union dues for it. By that time the claimant's membership had dwindled to 40. The court, adopting Radido J's dictum on the simple majority principle, held that recognition is transient and must be maintained, that a rival union which out-recruits the existing union becomes the reigning union, and that multiple union recognition is impractical absent distinct employee cadres. The suit was dismissed as overtaken by events, with no order as to costs.

Key legal issues

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01

Whether the claimant met and maintained the simple majority threshold for recognition under section 54 of the Labour Relations Act

Holding

The claimant had only 40 members out of 727 unionisable employees and had lost the threshold; the rival union KPOWU, with a simple majority and a recognition agreement, was the reigning union

Reasoning

Recognition requires continuous maintenance of the simple majority. The claimant's membership dropped from about 178 to 40 while KPOWU recruited some 722 members and obtained a recognition order from the Court in Cause E133 of 2022. Allowing multiple unions to be recognized by one employer would undermine industrial peace unless the employer has distinct sectors. Fabrication of gas cylinders was collateral to the respondent's petroleum and gas business and did not warrant separate representation.

p. 4
02

Whether the suit could still yield the orders sought

Holding

The suit was overtaken by events and the orders sought were incapable of being granted

Reasoning

The court had already ordered the respondent to recognize KPOWU and deduct union dues for it; ordering parallel deductions for the claimant, which had fallen far below the threshold, would be impractical. The suit was therefore dismissed, with no order as to costs.

p. 4

Legal principles established

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  • Recognition is transient and a union must maintain the simple majority threshold under section 54 of the Labour Relations Act; a rival union that out-recruits the existing union becomes the reigning union entitled to recognition
  • It is impractical to have multiple unions recognized by a single employer unless the employer has distinct activities creating conspicuously identifiable cadres of employees

Court orders

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  1. 1.The suit is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Section 74 of the Labour Relations Act, 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Engineering Workers Union v M/s Pronto Energy Limited (Cause 785 of 2019) [2024] KEELRC 1258 (KLR)", Case Analysis (2024). Cause (memorandum of claim filed 21st November 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1258/eng@2024-05-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.