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ELRCPartially AllowedNot stated in judgment

Kenya Union of Domestic, Hotels, Betting, Educational Institutions and Hospital Workers (Workers) v Board of Management, Gombato Boys Secondary School (Cause E091 of 2024) [2025] KEELRC 450 (KLR)

Employment and Labour Relations Court
20 February 2025
751 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 ordered an employer to negotiate a collective bargaining agreement within 30 days or have one executed on its behalf.

What this practically means

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Executive summary

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This was an undefended first-instance claim before the Employment and Labour Relations Court at Mombasa, delivered by M. Mbarũ J on 20 February 2025. The claimant trade union, with a Recognition Agreement with the respondent employer, filed a Memorandum of Claim on 24 September 2024 alleging the respondent's refusal to commence, negotiate, conclude, sign and implement a collective bargaining agreement (CBA). Despite forwarding a CBA proposal and reporting a trade dispute to the Minister, conciliation directions to negotiate a CBA were ignored, breaching Articles 36 and 41 of the Constitution and Sections 54 and 57 of the Labour Relations Act. The respondent neither filed a response nor attended; the claim was heard ex parte, with the union's Kwale branch secretary, Francis Omondi, testifying. The court held that upon recognition of a trade union, the next logical and legal step is CBA negotiation under Section 54 of the LRA, relying on Kenya Tea Growers Association v KPAWU and Micato Safaris, and found the Recognition Agreement bound the respondent to negotiate and execute a CBA. The claim succeeded. The respondent was given 30 days to commence, negotiate and conclude a CBA, with parties to report back on 24 March 2025; on default, the Deputy Registrar and the Labour Officer were empowered to execute the CBA for the respondent within 45 days. The claimant was to serve State Counsel for Kwale County. Costs were awarded to the claimant, assessed at Ksh. 50,000.

Questions the Court framed

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

  1. 1.Whether the parties have satisfied the provisions of section 54(1) and (2) of the LRA
  2. 2.Whether under section 57(1) of the LRA the respondent is obliged to commence, negotiate, conclude, sign and implement a CBA
  3. 3.Whether the respondent's refusal to negotiate and execute a CBA despite a Recognition Agreement and conciliation is lawful

Key legal issues

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01

Obligation to negotiate and conclude a CBA under a Recognition Agreement

Holding

A Recognition Agreement binds the employer to negotiate and execute a CBA; refusal to do so despite conciliation breaches Sections 54 and 57 of the LRA and Articles 36 and 41 of the Constitution

Reasoning

The court found that recognition of the union engages the statutory duty to negotiate a CBA. The respondent, a public sector employer, was bound by the Recognition Agreement yet failed to respond to the CBA proposal or comply with the conciliator's directions. The court held the orders compelling negotiation and execution of the CBA to be merited on the facts, with a mandatory mechanism if the respondent defaulted.

p. 2

Legal principles established

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  • Upon recognition of a trade union, the next logical and legal step is CBA negotiation under Section 54 of the LRA
  • An employer, including a public sector employer, must recognise a trade union representing the majority of unionisable employees for collective bargaining

Court orders

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  1. 1.The respondent is given thirty (30) days to engage the claimant and commence, negotiate, and conclude a CBA
  2. 2.Parties to report back to the Court on 24 March 2025
  3. 3.Where the respondent fails to comply, the Deputy Registrar and the Labour Officer shall execute the CBA for and on behalf of the respondent within the next 45 days
  4. 4.The claimant shall serve the State Counsel responsible for Kwale County with the judgment
  5. 5.The respondent to meet the claimant's costs assessed at Ksh. 50,000

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 36 and 41 of the Constitution read together with Sections 54 and 57 of the Labour Relations Act

Relief refused

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Order that parties have satisfied section 54(1) and (2) of the LRA as a standalone declaration

The court instead granted a compliance order requiring negotiation and conclusion of the CBA within 30 days

p. 2

Costs

The respondent is to meet the claimant's costs assessed at Ksh. 50,000

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.

In this case, the Recognition Agreement binds the respondent to negotiate and execute a CBA.
p. 2statutory duty to negotiate CBA
The respondent is given thirty (30) days to engage the claimant and commence, negotiate, and conclude a CBA.
p. 2final orders - compliance period
Where the respondent fails to comply as (a) above, the Deputy Registrar and the Labour Officer shall execute the CBA for and on behalf of the respondent within the next 45 days;
p. 2final orders - execution of CBA on default

Issues in the judgment

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material

Respondent is not named anywhere in the judgment, which refers only to 'the respondent'

material

Claimant is not identified by name in the judgment; only the witness identifies a branch

minor

Case number and cause title not stated in the judgment text

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Domestic, Hotels, Betting, Educational Institutions and Hospital Workers (Workers) v Board of Management, Gombato Boys Secondary School (Cause E091 of 2024) [2025] KEELRC 450 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/450/eng@2025-02-20

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