Kenya Building, Construction, Timber & Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2219 (KLR)
The bottom line
#A Kenyan court dismissed a union's bid to force deduction of members' dues because its affidavit exhibits were unsealed and it abandoned ongoing conciliation too early.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Supporting Affidavit and exhibits
The exhibits annexed to the Supporting Affidavit were struck out for non-compliance with Rule 9; the Supporting Affidavit was therefore found to lack validity
Rule 9 of the Oaths and Statutory Declarations Rules is mandatory and requires exhibits to be securely sealed and marked with serial letters of identification. None of the annexures was sealed. Applying the authorities cited, the exhibits were struck out, rendering the application unsupported. On commissioning, the Court found the Practicing Certificate of Stanley Mwangi Kinuthia Wandaka genuine despite the LSK portal search returning no result.
Prematurity of the Notice of Motion
The application was premature as conciliation was on-going when the suit was filed and the Claimant abandoned the process mid-way without justification
Section 69 of the Labour Relations Act deems a dispute unresolved either upon a Conciliator's Certificate or expiry of 30 days. The Court held the 30-day period is triggered only when no conciliation is taking place. Evidence showed conciliation meetings were still being convened, and the Claimant filed suit three days after a scheduled meeting without evidence of its outcome. Conciliation under Article 159(2)(c) is binding and cannot be unilaterally abandoned.
Entitlement to the reliefs sought
The Claimant was not entitled to the reliefs; the Notice of Motion was dismissed
Having found the Supporting Affidavit invalid, the exhibits struck out and the suit premature, no foundation remained for the orders directing resumption of union dues deductions. The Court declined to compel deduction and remittance of union dues, holding the Claimant should have completed conciliation or obtained a Conciliator's Certificate.
Legal principles established
#- A dispute is deemed unresolved under Section 69 of the Labour Relations Act only after a Conciliator's Certificate issues or expiry of the 30-day period, and the 30-day period applies only where conciliation is not on-going; a party who invokes conciliation cannot unilaterally abandon it and rush to court
- Exhibits to affidavits must be securely sealed under the seal of the Commissioner for Oaths and marked with serial letters of identification; unsealed, unmarked annexures are inadmissible
Court orders
#- 1.The Claimant's Notice of Motion dated 9th May, 2024 is dismissed
- 2.The exhibits annexed to the Supporting Affidavit of Julius Macharia Maina are struck out of the record for purposes of the instant Notice of Motion
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Article 159(2)(c) of the Constitution and Sections 69 and 74 of the Labour Relations Act; ELRC (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Building, Construction, Timber & Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2219 (KLR)", Case Analysis (2024). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2219/eng@2024-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.