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ELRCDismissedELRC Cause (Memorandum of Claim dated May 13, 2024)

Kenya Petroleum Oil Workers Union v Nas Oil Kenya Ltd (Cause E041 of 2024) [2025] KEELRC 107 (KLR)

Employment and Labour Relations Court
22 January 2025
NMNzioki Wa Makau
742 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed a union's recognition claim because only 8 of 23 employees were members—below the majority threshold the law requires.

What this practically means

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Executive summary

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The Claimant union filed a Memorandum of Claim dated May 13, 2024 alleging that the Respondent employer refused to enter into a recognition agreement despite a majority of its unionisable employees joining the union, infringing employees' rights to association and fair labour practices. The Claimant asserted that 9 of the Respondent's 14 unionisable employees were its members, and that the Respondent also failed to participate in conciliation after a trade dispute was reported. The Respondent denied the allegations, contending that only 8 of its 23 employees were union members, below the 50% + 1 threshold in section 54(1) of the Labour Relations Act. The matter was disposed of by written submissions. The Claimant relied on the Kenya National Union of Nurses case on the mandatory nature of recognition; the Respondent cited authorities requiring demonstration of compliance with section 54. The court framed a single issue: whether the Claimant met the recognition threshold under section 54(1). Applying that provision, the court found the union had 8 of 23 unionisable employees, being 34%, well below the simple majority required. It held the suit was premised on a false calculation and dismissed it, ordering each party to bear its own costs. Judgment was delivered at Kisumu on January 22, 2025 by Nzioki Wa Makau, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Claimant has met the threshold for recognition in terms of section 54(1) of the Labour Relations Act

Key legal issues

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Whether the Claimant union met the 50% + 1 simple majority threshold under section 54(1) of the Labour Relations Act

Holding

The Claimant did not meet the threshold, having only 8 of 23 unionisable employees (34%) as members, so recognition cannot be compelled

Reasoning

Section 54(1) of the Labour Relations Act mandates recognition only where a union represents a simple majority of unionisable employees. The parties disputed the numbers: the Claimant alleged 9 of 14 employees were members, while the Respondent averred only 8 of 23. The court accepted the Respondent's figures, holding that 8 of 23 amounts to 34%, below the required majority. The suit was therefore premised on a false calculation and was dismissed, with no order as to costs.

p. 2

Legal principles established

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  • An employer shall recognise a trade union for collective bargaining only if that union represents the simple majority of unionisable employees

Court orders

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  1. 1.The suit is dismissed
  2. 2.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

NM
majority

Wrote the judgment

Jurisdiction invoked
Article 162(2) Constitution / Labour Relations Act, 2007 (employment and labour relations jurisdiction; trade union recognition dispute)

Relief refused

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Order compelling the Respondent to sign a recognition agreement / allow the claim with costs

The Claimant's membership of 8 out of 23 unionisable employees fell below the simple majority (50% + 1) required under section 54(1) of the Labour Relations Act

p. 2

Costs

Each party bears their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is clear that where a trade union meets the requirement it is to be recognised and proceed to negotiate terms of a collective bargaining agreement.
p. 2Mandatory recognition once simple majority is achieved
8 out of 23 unionisable employees is under the Claimant. A simple arithmetic reveals that this is 34% of the unionisable employees thus falling below the threshold of 50% + 1 required for the application of section 54(1) of the Labour Relations Act.
p. 2Failure to meet statutory recognition threshold
As such the suit is dismissed albeit with an order that each party bears their own costs.
p. 2Final orders - dismissal and costs

Issues in the judgment

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minor

The judgment does not state the full names/case number of the parties in the caption provided; the claimant and respondent are referred to only as 'the Claimant' and 'the Respondent', and the cause number is not printed

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 Petroleum Oil Workers Union v Nas Oil Kenya Ltd (Cause E041 of 2024) [2025] KEELRC 107 (KLR)", Case Analysis (2025). ELRC Cause (Memorandum of Claim dated May 13, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/107/eng@2025-01-22

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