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ELRCPartially AllowedApplication dated 15th August 2024 (Notice of Motion) in the matter of the judgment of 9th July 2024· [2025] KEELRC 346 (KLR)

Shalimar Fresh Limitted v Kenya Plantations and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2025] KEELRC 346 (KLR)

Employment and Labour Relations Court
11 February 2025
2,846 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to review its earlier judgment because no valid review grounds were pleaded, instead sending the house allowance and transport dispute to a Ministry of Labour-facilitated meeting within 60 days.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Nairobi on a Notice of Motion dated 15th August 2024 in which the Claimant/Applicant sought what it termed review of the court's judgment of 9th July 2024. The dispute concerned a seven-day strike notice issued by the Respondent Union on 13th August 2024 demanding payment of house allowance arrears at municipality rates and transport allowances under Clause 33 of the CBA. The Claimant contended the notice was unprocedural and issued in bad faith, contrary to the Recognition Agreement requiring a 21-day notice after a recorded deadlock, and sought resolution through a consultative meeting chaired by the Ministry of Labour. The Respondent opposed, asserting the strike notice complied with Section 76(c) of the Labour Relations Act, accusing the Claimant of ignoring conciliator recommendations and court orders, and seeking dismissal of the application with implementation of the CBA and conciliator's report. Judge Hellen Wasilwa held that the application did not meet the threshold for review, as the applicants failed to plead any of the recognised grounds of error on the record, new evidence, or sufficient cause. However, noting that negotiations and conciliation had failed and a certificate of disagreement had been signed, the court found it imprudent to allow the strike to continue with the dispute unresolved. The court directed the parties to resolve the dispute through a consultative meeting chaired by the Ministry of Labour headquarters within 60 days, with a report to be submitted to court for adoption. No costs order was made.

Key legal issues

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01

Whether the application met the threshold for review

Holding

It did not; the application was not in the nature of a review because no review grounds were identified.

Reasoning

The court examined the application dated 15th August 2024 seeking to revisit the judgment of 9th July 2024. Under the Employment and Labour Relations Court rules, review lies only on an error on the record, new evidence, or sufficient cause. The applicants, despite arguing that the strike notice would prejudice them and seeking a Ministry of Labour-chaired consultative meeting, never pleaded any of the recognised grounds for review. The application therefore failed as a review strictly so called.

p. 5
02

Resolution of the unresolved dispute over house allowance and transport

Holding

The dispute, remaining unresolved after failed negotiations and conciliation, should be concluded through a consultative meeting chaired by the Ministry of Labour headquarters.

Reasoning

The judgment of 9th July 2024 had directed the parties to resolve the transport and house allowance issues through their own negotiations as per the CBA. Attempts to agree failed and a certificate of disagreement was signed on 3rd October 2024. The prior conciliation process had also not worked. The court found it imprudent to allow a strike while the matter was unresolved and considered it prudent to bring the matter to closure through a facilitated consultative process, with a report to be adopted by the court.

p. 5

Legal principles established

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  • Review under the Employment and Labour Relations Court rules is viable only on the grounds of an error on the record, new evidence, or sufficient cause, and the applicant must plead the grounds.

Court orders

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  1. 1.The parties to proceed and resolve the dispute through a consultative meeting chaired by the Ministry of Labour headquarters
  2. 2.The consultative process to be done within 60 days and a report submitted before court for adoption
Jurisdiction invoked
Review jurisdiction of the Employment and Labour Relations Court under its rules (employment and labour relations jurisdiction); no specific constitutional provision invoked

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, "Shalimar Fresh Limitted v Kenya Plantations and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2025] KEELRC 346 (KLR)", Case Analysis (2025). Application dated 15th August 2024 (Notice of Motion) in the matter of the judgment of 9th July 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/346/eng@2025-02-11

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