Kenya Union of Commercial Food & Allied Workers & 13 others v Tatu City & another; Kenya Plantation and Agricultural Workers’ Union (Interested Party) (Employment and Labour Relations Cause E6452 of 2020) [2024] KEELRC 2388 (KLR)
The bottom line
#A Kenyan court confirmed that a union settlement over workers' terminal dues stands, and workers can now enforce payment directly.
What this practically means
#Executive summary
#Key legal issues
#Validity of the consent order in a representative suit
The consent remains binding; it was validly concluded by the recognized union in its representative capacity and no vitiating grounds were shown
The court applied Order 25 Rule 2 of the Civil Procedure Rules and its earlier ruling of 6th October 2022 (Mbaru J) which confirmed the Interested Party as the recognized union for collective bargaining. The Interested Party therefore had full powers to negotiate and compromise the suit on behalf of the grievants, and the principle of agency in trade unionism did not require consultation on every negotiation item. Applying Court of Appeal authority on consent orders, the court found no fraud, non-disclosure or mistake.
Grounds for setting aside a consent order
A consent order can only be set aside on grounds that would vitiate a contract, such as fraud, non-disclosure of material facts or mistake
The court adopted the Court of Appeal's decision in Cheruiyot v Korir, which restated Flora N. Wasike v Destino Wamboko and Purcell v F C Trigell Ltd: a consent order is contractual in effect and may only be set aside on grounds justifying the setting aside of a contract, or where conditions remain unfulfilled. The grievants did not demonstrate any such ground.
Legal principles established
#- A consent judgment or order has contractual effect and can only be set aside on grounds which would justify setting a contract aside
- Where a suit has been set down for hearing it may be discontinued, or any part of the claim withdrawn, upon the filing of a written consent signed by all the parties
- A recognized union with representative capacity need not revert to the grievants on each and every item of negotiations
Court orders
#- 1.The application dated 23rd February 2024 is dismissed
- 2.No order as to costs
- 3.If payments due under the consent have not been made, the grievants through the Interested Party or any other authorized agent may demand payment forthwith and in default commence execution proceedings
- 4.It is so ordered
- Jurisdiction invoked
- Sections 1A, 3A and 22 of the Civil Procedure Act and Order 1 Rule 10 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food & Allied Workers & 13 others v Tatu City & another; Kenya Plantation and Agricultural Workers’ Union (Interested Party) (Employment and Labour Relations Cause E6452 of 2020) [2024] KEELRC 2388 (KLR)", Case Analysis (2024). Application dated 23rd February 2024 (ELRC cause, number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2388/eng@2024-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.