Union of National Research & Allied Institute Staff of Kenya v National Museums of Kenya; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E641 of 2022) [2024] KEELRC 1311 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court dismissed a trade dispute because the union skipped mandatory conciliation and re-litigated issues already decided.
What this practically means
#Executive summary
#Key legal issues
#Prematurity of the trade dispute under section 69(a) of the Labour Relations Act
The objection on prematurity succeeded as part of the court's overall persuasion that the claimant could not maintain the suit, culminating in dismissal
The Interested Party argued that no certificate of unresolved dispute or certificate of conciliation was issued or exhibited as required under section 69(a) of the Labour Relations Act, 2007, whose terms it said were mandatory. The court, in reviewing the objection and submissions, was persuaded to uphold the preliminary objection and dismiss the suit.
Res judicata
The issues in the suit (deduction of union dues and recognition agreement) were already litigated and decided in prior causes between the same parties
The court found that the claimant's issues had been litigated severally in Cause 1366 of 2011, Cause 1126 of 2012 and Cause 30(N) of 2019 between the same parties, and treated the fresh filing as offending the settled principles of res judicata, supporting dismissal of the suit.
Recognition agreement and CBA; exclusive bargaining agent
The respondent already had a recognition agreement with the Interested Party and a CBA; any dispute over the continued relationship must follow the demarcation procedure under sections 54(5), (6) & (7)
The court accepted that a valid recognition agreement and CBA existed and that the respondent could not engage with the claimant without first approaching the National Labour Board under section 54(5) of the Labour Relations Act, 2007. It endorsed the simple-majority principle as promoting industrial harmony, quoting Radido J with approval.
Legal principles established
#- A preliminary objection is confined to pure questions of law and cannot be used to determine factual or evidentiary matters such as the existence of a recognition agreement
- The statutory principle of simple majority in labour relations facilitates orderly collective bargaining, prevents proliferation of trade unions in a workplace and enhances industrial peace
Court orders
#- 1.The preliminary objection by the Interested Party is upheld
- 2.The suit is dismissed with costs
- Jurisdiction invoked
- Jurisdiction over trade disputes under the Labour Relations Act, 2007; suit lodged as trade dispute ML/LD/54/9/2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of National Research & Allied Institute Staff of Kenya v National Museums of Kenya; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E641 of 2022) [2024] KEELRC 1311 (KLR)", Case Analysis (2024). Trade dispute ML/LD/54/9/2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1311/eng@2024-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.