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ELRCDismissedNot stated in the judgment· [2025] KEELRC 1011 (KLR)

Kenya Engineering Workers Union v Auto Springs Engineering Workers E.A Limited (Cause E644 of 2023) [2025] KEELRC 1011 (KLR)

Employment and Labour Relations Court
28 March 2025
SRSTELLA RUTTO
3,006 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to force an employer to recognise a trade union because the union had recruited only 34% of workers, below the required simple majority.

What this practically means

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Executive summary

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The Claimant, a registered trade union, sued the Respondent, an engineering company, seeking an order compelling the Respondent to sign a Recognition Agreement under Section 54 of the Labour Relations Act to pave way for CBA negotiations, an order restraining victimisation of its members, and costs. The Claimant asserted it had recruited 81 of 157 unionisable employees (52%) in 2022-2023 and had forwarded check-off forms and a draft Recognition Agreement which the Respondent declined to sign. The Respondent countered that the Claimant never attained a simple majority, that check-off forms contained serious anomalies (deceased and former employees listed, duplicated names, alleged forged signatures), that 23 employees resigned from the union, and that the matter had been reported to Tigoni Police Station. Both parties testified and filed submissions. Framing two issues - whether the Claimant attained the recognition threshold under Section 54(1) and whether it was entitled to the reliefs sought - the court held that recognition is earned by attaining a simple majority, an arithmetical computation of members recruited against unionisable employees. Finding that at the time recognition was sought on 18th February 2023 the Claimant had 55 members out of a unionisable workforce of 160 (34%), the court held the statutory threshold was not met. The Claim was dismissed with each party bearing its own costs. Judgment delivered by Stella Rutto, Judge, in Nairobi on 28th March 2025.

Key legal issues

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01

Whether the Claimant Union attained the simple majority threshold for recognition under Section 54(1) of the Labour Relations Act

Holding

No. At the time recognition was sought on 18th February 2023, the Claimant had recruited 55 of 160 unionisable employees (34%), below the simple majority required

Reasoning

The court held that recognition is earned by attaining a simple majority, computed arithmetically. The Claimant's check-off forms bore 82 names, but 23 employees had resigned from the union and 4 were no longer employees, leaving 55 members against a unionisable workforce of 160 (per the Respondent's evidence), translating to 34%. The Respondent did not adduce independent evidence of the number of unionisable employees, but the claim still failed on the figures available.

p. 6

Legal principles established

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  • Recognition under Section 54(1) of the Labour Relations Act is earned only by a trade union representing the simple majority of unionisable employees, computed at the time recognition is sought
  • The simple majority is an arithmetical calculation of union members recruited against the total number of unionisable employees

Court orders

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  1. 1.The Claim is dismissed
  2. 2.Each party shall bear its own costs

Authorities

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Legislation

  • Labour Relations ActSection 54(1)
  • Labour Relations ActSections 54, 55 and 56
  • Labour Relations ActSection 68
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B

Cases cited (2)

  • Republic v Kenya Revenue Authority ex parte Aberdare Freight Services Limited
    (2004) eKLR
  • Fondo Kalama & 19 Others v Anderson M Mtalaki & 3 Others
    [2013] eKLR
Jurisdiction invoked
Original jurisdiction under the Labour Relations Act (Sections 54–56) over trade union recognition disputes

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 Engineering Workers Union v Auto Springs Engineering Workers E.A Limited (Cause E644 of 2023) [2025] KEELRC 1011 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1011/eng@2025-03-28

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