Kenya Export, Floriculture, Horticulture and Allied Workers Union v Kenya Plantation and Agricultural Workers Union; Molo Greens Limited (Interested Party) (Cause E049, E051 & E052 of 2023 (Consolidated)) [2025] KEELRC 769 (KLR)
The bottom line
#A Kenyan court protected an existing union recognition agreement, blocking a rival union from taking over workers unless employees actually resign first.
What this practically means
#Executive summary
#Key legal issues
#Whether the strike claims were spent
The strike dispute was substantively resolved by earlier orders halting the strike; nothing remains for determination in E049 of 2023 and E052 of 2023
A prior Ruling by Wasilwa J delivered on 30 January 2024 found the strike dispute substantively resolved upon orders restraining employees and inciters from proceeding. The Court concurred, narrowing the surviving dispute to territorial demarcation between the two unions over the Interested Party's employees, making the strike-related claims moot.
Validity of the existing recognition agreement and the Respondent's recognition claim
The recognition agreement between the Claimant and the Interested Party (executed 21 October 2022, with a subsequent CBA) is presumed valid; the Respondent's claim for recognition was declined
The Conciliator found claimant members who allegedly joined the Respondent had not rescinded membership under Section 48 of the Labour Relations Act. Following Mombasa Maize Millers and the KEELRC 1021 precedent, existing recognition agreements are upheld and rebuttal requires cogent evidence such as resignations, none of which existed.
Whether a headcount/ballot may be ordered to determine rival unions' numerical strength
Although bound by the Court of Appeal's Railways and Allied Workers Union decision, the Court held that Section 56(1)(d) does not bar headcounts by conciliators/labour officers in demarcation disputes, which in fact guarantee freedom of association
Section 56(1)(d) regulates internal union balloting, while Sections 35 of the Labour Institutions Act and 67 of the Labour Relations Act empower labour officers and conciliators to conduct fact-finding including headcounts. Headcount determines competing membership claims and props, rather than violates, freedom of association under Article 41 and ILO Convention No. 87.
Legal principles established
#- Balloting under Section 56(1)(d) of the Labour Relations Act resolves issues within a union, not disputes between rival unions, but does not bar court-ordered headcounts in demarcation disputes
- An existing recognition agreement is presumed valid and can only be rebutted by cogent evidence such as employee resignations
Court orders
#- 1.The Claims relating to the strike action are deemed to have been substantively settled
- 2.The Claim by the Respondent seeking recognition by the Interested Party is declined
- 3.Parties shall bear their respective costs of the consolidated actions
- 4.Cause Nos. E049 of 2023, E051 of 2023 and E052 of 2023 shall be marked as closed
- 5.A copy of the Judgment to be placed in each of the 3 files
- Jurisdiction invoked
- Employment and Labour Relations Court first-instance jurisdiction over trade union recognition and labour disputes under the Labour Relations Act and Labour Institutions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Export, Floriculture, Horticulture and Allied Workers Union v Kenya Plantation and Agricultural Workers Union; Molo Greens Limited (Interested Party) (Cause E049, E051 & E052 of 2023 (Consolidated)) [2025] KEELRC 769 (KLR)", Case Analysis (2025). E049 of 2023 (consolidated with E051 of 2023 and E052 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/769/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.