Union of National Research Institutes of Kenya (UNRISK) v Kenya Forestry Research Institute (KEFRI) (Employment and Labour Relations Cause 1685 of 2014) [2024] KEELRC 1861 (KLR)
The bottom line
#A Kenyan court dismissed a union's wage claim because the Salaries and Remuneration Commission must first approve pay changes for public institution employees.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction to award the wage increases and allowances sought without SRC's input
The Court lacks jurisdiction to grant the orders sought because SRC's binding advice under Article 230(4) of the Constitution has not been obtained; the claimant's claim fails
Relying on the Court of Appeal in Salaries and Remuneration Commission v NHIF Management Board and the Supreme Court-endorsed findings in TSC v KNUT, the court held that SRC's advice on remuneration is binding in rem, not advice in personam, and is a constitutional procedural and substantive limitation on any determination of public officers' remuneration. The CPPMD report showed the Respondent's financial position could not sustain a wage increase absent National Treasury allocation, and the Respondent's job evaluation results were held in abeyance by SRC pending the 3rd JE Review Cycle. Without SRC's report, the court cannot pronounce itself on the core issue.
Legal principles established
#- SRC's advice on remuneration of state and public officers is binding in rem and emanates from its exclusive constitutional mandate to determine fiscal sustainability of the public compensation bill
- SRC must be involved in its advisory role in the conclusion of a CBA involving public officers, and once obtained its advice is binding
- No valid salary or benefit of a state or public officer may ensue from a process that ignores the role of SRC
Court orders
#- 1.The Claimant's claim fails and is dismissed
- 2.Each party to meet their own costs of the suit
- Jurisdiction invoked
- First-instance jurisdiction of the Employment and Labour Relations Court following a trade dispute reported to the Cabinet Secretary under Section 62 of the Labour Relations Act and a certificate issued under Section 69 of that Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of National Research Institutes of Kenya (UNRISK) v Kenya Forestry Research Institute (KEFRI) (Employment and Labour Relations Cause 1685 of 2014) [2024] KEELRC 1861 (KLR)", Case Analysis (2024). Not stated in the judgment (Amended Statement of Claim dated 26th January 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1861/eng@2024-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.