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ELRCDismissedNot stated on record as reproduced· [2025] KEELRC 1089 (KLR)

Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v Karibu Flour Mills Limited (Cause 132 of 2023) [2025] KEELRC 1089 (KLR)

Employment and Labour Relations Court
3 April 2025
1,223 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan union lost its bid to force recognition and dues deductions because it relied on stale membership records instead of proving current members.

What this practically means

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Executive summary

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The claimant trade union sued the respondent milling company for refusing to sign a Recognition Agreement and to deduct and remit trade union dues, alleging that it had recruited 86 of the respondent's 100 employees as at September 2022, attaining a simple majority under section 54 of the Labour Relations Act. It sought orders compelling execution of a recognition agreement within 14 days, deduction and remittance of dues, and costs. The claim proceeded undefended; the respondent raised preliminary objections addressed separately and did not respond to the claim. The court accepted the legal framework - that an employer must recognise a union that attains a simple majority of unionisable employees - citing Teachers Service Commission v KNUT and Kenya Hotels and Allied Workers Union v Diani Sea Resort. However, it held the process is not mechanical: the union must prove its current membership within the unionisable cadre. The check-off forms were all dated 30 September 2022 and signed on one date, while the claim was filed on 4 December 2023; given the fluidity of employment, nothing demonstrated the current status of membership. Relying solely on filed records and a verifying affidavit, with no witness statement, would not meet the ends of justice. The court declined the orders sought, directed the union to return to the shop floor and audit its membership month by month, and noted it may apply section 52 of the LRA (direct payment of dues by members). The court warned the respondent against victimising the employees who subscribed, citing section 46(d) and (h) of the Employment Act and Article 41 of the Constitution. No orders on costs were made.

Key legal issues

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01

Entitlement to recognition under section 54 LRA

Holding

While section 54 obliges an employer to recognise a union with a simple majority, the union must prove current membership; stale check-off forms are insufficient

Reasoning

The court accepted the claimant's pleaded 86 of 100 employees but noted no desegregation of numbers and no evidence of membership status between 30 September 2022 and the filing of the claim on 4 December 2023. Given the fluidity of employment, the shop floor changes daily, and recognition cannot issue on the strength of dated records alone.

p. 3
02

Adequacy of proof by filed records and affidavit

Holding

A verified affidavit and filed records, without a witness statement, do not suffice to justify mandatory recognition and dues orders

Reasoning

The claimant relied only on the filed records and the Verified Affidavit of Danchael Mwangure, with no witness statement. The court held that issuing the orders on such a record would not meet the ends of justice given possible shop floor changes, and directed the union to return to the shop floor to audit and ascertain membership month by month.

p. 3
03

Protection against victimisation

Holding

Employees listed in the check-off forms are protected under Article 41 and sections 46(d) and (h) of the Employment Act from victimisation for pursuing the claim

Reasoning

The court, of its own motion, drew the respondent's attention to section 46(d) and (h) of the Employment Act, which bar unfair reasons for disciplinary action, including trade union participation and legal proceedings against an employer. The employees should not be victimised regardless of the outcome.

p. 3

Legal principles established

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  • Recognition under section 54 of the LRA requires a trade union to ascertain its current membership within the unionisable cadre; the process is not mechanical
  • Employees who assert their rights at work under Article 41 of the Constitution, whether successful or not, should not be victimised

Court orders

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  1. 1.The orders sought (recognition agreement and deduction/remittance of dues) shall not be issued as couched
  2. 2.The claimant shall return to the shop floor and audit its membership, obtaining monthly numbers as a basis for the simple majority claimed
  3. 3.The claimant is at liberty to apply the provisions of Section 52 of the LRA (direct payment of dues by members)
  4. 4.No orders on costs
Jurisdiction invoked
Employment and labour relations jurisdiction over trade union recognition and dues disputes; sections 48, 52, 54 of the Labour Relations Act; Article 41 of the Constitution

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, "Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v Karibu Flour Mills Limited (Cause 132 of 2023) [2025] KEELRC 1089 (KLR)", Case Analysis (2025). Not stated on record as reproduced. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1089/eng@2025-04-03

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