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ELRCDismissedCause No E718 of 2020· [2024] KEELRC 2216 (KLR)

Kenya Union of Commercial Food and Allied Workers v Maruti Office Supplies Limited (Cause E718 of 2020) [2024] KEELRC 2216 (KLR)

Employment and Labour Relations Court
19 September 2024
LNLINNET NDOLO
333 words in judgment
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The bottom line

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A Kenyan court dismissed a union's recognition claim because it couldn't prove majority membership, confirming unions must provide hard evidence of numbers.

What this practically means

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Executive summary

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This first-instance ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually by Linnet Ndolo, Judge, on 19th September 2024, resolved a trade union recognition dispute that had earlier been referred to conciliation. By a judgment of 24th March 2022 the court had directed the parties to conclude conciliation under the Labour Relations Act; the Conciliator issued a certificate of unresolved dispute on 16th April 2024. On 24th April 2024 the parties agreed that the Respondent would deduct and remit union dues for eight existing members and that the recognition dispute would be determined on written submissions. The Claimant accused the Respondent of tactical strategies to avert recognition, including redundancies and refusal to renew contracts. The Respondent maintained the Claimant had not met the statutory threshold, having presented check-off forms for only 13 of 28 unionisable employees at conciliation, of whom 5 had left employment on 31st December 2023, leaving 8 members. The court held that under section 54 of the Labour Relations Act the 50%+1 threshold is a matter of fact to be proved by the union, that the Respondent's figures were unrebutted, and that the Claimant failed to establish a case for recognition. The claim was dismissed with each party bearing their own costs.

Key legal issues

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01

Whether the Claimant satisfied the 50%+1 threshold for recognition under section 54 of the Labour Relations Act

Holding

The Claimant failed to establish a case for recognition; only 8 of 28 unionisable employees were members, below the threshold

Reasoning

Section 54 sets a clear criterion for recognition: a simple majority (50%+1) of unionisable employees. This is a question of fact the union must prove. At conciliation, the Claimant produced check-off forms for only 13 of 28 unionisable employees, and 5 of those 13 had left employment on 31st December 2023, leaving 8 members. The Respondent's figure was unrebutted by any evidence from the Claimant, whose allegations of tactical redundancies and non-renewal of contracts were not substantiated.

p. 2

Legal principles established

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  • The 50%+1 recognition threshold under section 54 of the Labour Relations Act is a matter of fact to be proved by the trade union seeking recognition
  • The burden lies on the union to prove membership numbers; unsubstantiated allegations against an employer's count will not suffice

Court orders

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  1. 1.Claim dismissed
  2. 2.Each party to bear their own costs

Authorities

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Legislation

  • Labour Relations Actsection 54
Jurisdiction invoked
Labour Relations Act, including section 54 on recognition of trade unions, following a conciliation process under the Labour Relations Act

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 Union of Commercial Food and Allied Workers v Maruti Office Supplies Limited (Cause E718 of 2020) [2024] KEELRC 2216 (KLR)", Case Analysis (2024). Cause No E718 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2216/eng@2024-09-19

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