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ELRCPartially AllowedCause ( memorandum of claim dated 18th March, 2024, filed 20th March, 2024 )· [2025] KEELRC 766 (KLR)

Kenya Union of Domestics, Hotels, Educational Institutions and Hospitals Workers v Board of Management Bunyore Girls High School (Cause E005 of 2024) [2025] KEELRC 766 (KLR)

Employment and Labour Relations Court
13 March 2025
DNDavid Nderitu
2,556 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan school must recognise its workers' union and negotiate a collective bargaining agreement within 60 days after the court confirmed the union represented the majority.

What this practically means

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Executive summary

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The claimant trade union filed a memorandum of claim on 20th March 2024 seeking orders compelling the respondent, a school represented by the Attorney General, to commence and conclude collective bargaining negotiations, protection of its members from intimidation, and Shillings 100,000 for delays. The claim followed a conciliation that ended in a certificate of unresolved dispute dated 5th March 2024 after the respondent repeatedly failed to attend negotiations and conciliation meetings. The respondent denied the claim, contending the claimant had not recruited a simple majority and that the recognition agreement dated 24th September 2011 was fictitious because it did not bear the signatory's name. The court framed three issues: the recognition threshold and validity of the agreement, entitlement to compel CBA negotiations, and costs. Excluding 18 teachers as unionisable under other unions, the court found 41 unionisable employees, of whom 22 verified members gave the claimant 53.6%, above the 51% threshold drawn from Section 54(1) of the Labour Relations Act as explained in Abyssinia Iron & Steel Ltd v Kenya Engineering Workers Union. The court held the recognition agreement valid, finding the respondent's late challenge mala fide and an afterthought since no counter-dispute was ever referred to conciliation. The court ordered that a valid recognition agreement exists, directed the parties to negotiate and conclude a CBA within 60 days, and made no order as to costs. Claims on intimidation and damages were not proved and were not granted.

Key legal issues

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01

Whether the claimant met the simple majority threshold for recognition

Holding

Yes - 22 of 41 unionisable employees (53.6%) are members, exceeding the 51% threshold

Reasoning

The court ascertained unionisable employees as 41 non-teaching staff, excluding 18 teachers who fall under other unions. Cross-checking the October 2023 and October 2024 contribution lists against the payroll, 22 employees were verified members, representing 53.6% of the unionisable workforce, above the 51% requirement in the Abyssinia Iron & Steel decision applying Section 54 of the LRA.

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02

Whether the recognition agreement dated 24th September 2011 is valid

Holding

Valid; the allegation that it is fictitious for lacking the signatory's name was mala fide and raised as an afterthought

Reasoning

The respondent initially acknowledged the agreement in its statement of response, later departed via a witness statement alleging it was fictitious because the signatory's name was absent. The agreement bore the chairman's signature and the school's stamp, which was not disputed. No forgery report was made and no recognition dispute was referred to conciliation under Section 54(6) of the LRA, demonstrating mala fides.

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03

Whether the respondent should be compelled to commence CBA negotiations

Holding

Yes - ordered to negotiate and conclude a CBA within 60 days

Reasoning

Having met the recognition threshold and holding a valid recognition agreement, the claimant was entitled under Section 54(1) of the LRA to recognition for collective bargaining. Even if the agreement were invalid, Section 54(1) mandates recognition once the simple majority is met, so the respondent was obliged to negotiate a CBA after two years of failed engagement and an unresolved conciliation.

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Legal principles established

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  • An employer must recognise a trade union representing a simple majority (51%) of unionisable employees for purposes of collective bargaining
  • A respondent who never raised a counter-dispute on recognition before the conciliator cannot raise it as an afterthought in court

Court orders

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  1. 1.There is a valid recognition agreement between the parties dated 24th September, 2011
  2. 2.The parties shall negotiate and conclude a CBA within 60 days of this judgment
  3. 3.There is no order as to costs

Authorities

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Legislation

  • Labour Relations ActSection 54(1)
  • Labour Relations ActSection 54(6)
  • Labour Relations ActSection 57
  • Labour Relations ActSection 62
  • Constitution of KenyaArticle 27(1)
  • Constitution of KenyaArticle 41(1)

Cases cited (1)

  • Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union
    [2016] eKLR
Jurisdiction invoked
Labour Relations Act and the court's jurisdiction over labour disputes under Section 62 of the Labour Relations Act (dispute declared and certificate of unresolved dispute issued)

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 Union of Domestics, Hotels, Educational Institutions and Hospitals Workers v Board of Management Bunyore Girls High School (Cause E005 of 2024) [2025] KEELRC 766 (KLR)", Case Analysis (2025). Cause ( memorandum of claim dated 18th March, 2024, filed 20th March, 2024 ). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/766/eng@2025-03-13

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