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ELRCStruck OutNot stated in judgment· [2025] KEELRC 1106 (KLR)

Kenya Engineering Workers Union v Gahir Engineering Works Ltd (Cause E059 of 2024) [2025] KEELRC 1106 (KLR)

Employment and Labour Relations Court
4 April 2025
2,016 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out a trade union's claim filed just 12 days late, confirming the three-year employment clock starts at the lockout, not later negotiations.

What this practically means

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Executive summary

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The Respondent raised a preliminary objection seeking dismissal of the Claimant trade union's suit on four grounds: lack of locus standi absent a CBA or recognition agreement; lack of jurisdiction given the grievant's salary below Kshs.80,000 under Gazette Notice No.6024 of 2018; absence of a contract of employment between the parties; and limitation under Section 89/90 of the Employment Act. Applying the Mukisa Biscuits threshold, the court found the locus standi issue turned on whether the grievant was a member of the union, a question of fact unsuitable for a preliminary objection, and that a recognition agreement is what confers standing on a union. On jurisdiction, relying on Law Society of Kenya v Malindi Law Society, the court held that disputes between trade unions and employers lie only in the ELRC, not magistrates' courts. However, on limitation the court found the cause of action accrued on 12th January 2021 when the grievant was locked out, subsequent events could not postpone the running of time, and the suit filed on 24th January 2024 was time barred by about 12 days. The court struck out the claim and made no orders on costs.

Key legal issues

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01

Locus standi of the Claimant union

Holding

The objection failed on this ground because whether the grievant was a member of the union is a question of fact requiring a full hearing

Reasoning

The Respondent denied having a recognition agreement with the Claimant, and neither a CBA nor a recognition agreement was placed before the court. However, membership between an employee and a union confers a right of representation, and determining whether the grievant was a member is a factual question unsuitable for a preliminary objection.

p. 4
02

Jurisdiction vis-à-vis Gazette Notice No.6024 conferring jurisdiction on subordinate courts

Holding

The ELRC has jurisdiction because disputes between trade unions and employers fall outside the magistrates' courts' mandate

Reasoning

Relying on Law Society of Kenya v Malindi Law Society, the court held that magistrates' courts only handle employment and labour disputes between employees and employers, not trade unions. The Gazette Notice salary threshold did not divest the ELRC of jurisdiction over a union-employer dispute.

p. 4
03

Whether the suit is statute barred under Section 90 of the Employment Act

Holding

Yes; the cause of action accrued on 12th January 2021 and the suit filed on 24th January 2024 was about 12 days out of time

Reasoning

Section 90 requires suits arising from the Employment Act or a contract of service to be commenced within three years. The lockout date of 12th January 2021 was the accrual date; subsequent events such as the show cause letter, disciplinary hearing and demand letters could not extend the period. The suit filed on 24th January 2024 was time barred.

p. 5

Legal principles established

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  • Preliminary objections must raise pure points of law and cannot be sustained where facts must be ascertained
  • A recognition agreement confers on a trade union the right to locus standi to commence legal proceedings on behalf of employees
  • In employment disputes time runs from the date of the termination or lockout, and subsequent events do not postpone the running of time

Court orders

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  1. 1.The Claimant's suit is struck out as statute barred
  2. 2.No orders on costs

Authorities

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Legislation

  • Employment ActSection 89
  • Employment Act, 2007Section 90
  • Labour Relations ActSection 57(1)
  • Labour Relations ActSection 60(1)
  • Employment and Labour Relations Court Act, 2016Section 22
  • Limitation of Actions ActSection 4(1)
  • Gazette Notice No.6024 (CXX No.74) dated 22 June 2018

Cases cited (11)

  • Mukisa Biscuits Manufacturing Ltd. v West End Distributors Ltd.
    Civil Appeal No. 90 [1969] EA 696
  • Engineering Workers Union v Rift Valley Engineering Limited
    Nakuru CMCC No. 61 of 2018
  • Karen Blixen Camp Limited v Kenya Hotel & Allied Workers Union
  • Kenya Union of Printing Publishing, Paper Manufacturers, Pulp & Packaging Industries v Rafia Bags (EA) Limited
    [2014] eKLR
  • Communication Workers' Union v Safaricom Limited
    [2014] eKLR
  • Priscilla Jesang Koech v Rebecca Koech & 3 Others
    [2018] eKLR
  • Kenya Shipping, Clearing and Warehouses Workers Union v Bobmil Industries Limited
    [2013] eKLR
  • Law Society of Kenya v Malindi Law Society & 6 Others
    [2017] eKLR
  • Peris Maina v Nairobi City Water & Sewerage Company Limited
    [2018] eKLR
  • Hilarion Mwabolo v Kenya Commercial Bank
    (2013) eKLR
  • G4S Security services (K) Limited v Joseph Kamau & 486 Others
    [2018] eKLR
Jurisdiction invoked
Employment and Labour Relations Court Act, 2016 (Section 22 cited on union representation); Employment Act, 2007 (Sections 89 and 90)

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 Gahir Engineering Works Ltd (Cause E059 of 2024) [2025] KEELRC 1106 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1106/eng@2025-04-04

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