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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 1200 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers [KUDHEIHA] v Board of Management, Motigo Secondary School (Cause E003 of 2024) [2025] KEELRC 1200 (KLR)

Employment and Labour Relations Court
30 April 2025
JRJames Rika
596 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court confirmed that an employer must recognise a union that has signed up a simple majority of its staff, and then bargain a collective agreement.

What this practically means

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Executive summary

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The Claimant, a registered trade union representing non-teaching staff in private and public educational institutions, sued the Respondent, an educational institution, seeking an order compelling the Respondent to sign a recognition agreement, an order that the parties negotiate and conclude a collective bargaining agreement within 90 days, and costs. The Claimant recruited all 11 of the Respondent's non-teaching staff and forwarded a check-off list, which the Respondent acted on by deducting and remitting trade union dues under Section 48 of the Labour Relations Act. A draft recognition agreement was submitted but never signed; a meeting with the Respondent's Board on 1st October 2021 yielded only a promise to revert, which was never honoured. The dispute was reported to the Ministry of Labour on 31st July 2023; a Conciliator was appointed but the Respondent kept away, and a certificate of unresolved dispute was issued on 23rd October 2023. The Respondent neither entered appearance nor filed a response, and the Claim proceeded by formal proof on 19th March 2025. The court held that under Section 54(1) of the Labour Relations Act, a trade union recruiting a simple majority of unionisable labour must be granted recognition, and the Claimant had recruited 100% of eligible staff. Recognition having been granted, the parties were bound to bargain collectively under Section 57. Judgment was entered on 30th April 2025 at Kericho by James Rika, Judge, ordering execution of the recognition agreement within 30 days and negotiation, execution and registration of a CBA within 90 days, with no order on costs.

Key legal issues

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01

Entitlement to recognition agreement

Holding

The Claimant, having recruited 100% of the Respondent's unionisable non-teaching staff, established its entitlement to recognition

Reasoning

The court found the Claimant recruited 11 out of 11 non-teaching staff. The Respondent acknowledged union membership by deducting and remitting union dues under Section 48 of the Labour Relations Act, and forwarded a draft recognition agreement was submitted but unsigned. The Respondent filed no response and stayed away from conciliation and formal proof, so the unchallenged evidence stood. Section 54(1) mandates recognition where a simple majority is recruited.

p. 2
02

Duty to conclude a collective bargaining agreement

Holding

Once recognition is granted, the parties must negotiate and conclude a CBA under Section 57 of the Labour Relations Act

Reasoning

The court linked recognition to its purpose: collective bargaining. Having granted recognition, it directed the parties to negotiate, execute and register a CBA within 90 days, giving effect to Section 57 of the Labour Relations Act. The Respondent's non-participation did not dilute this statutory obligation.

p. 2

Legal principles established

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  • A trade union which recruits a simple majority of unionisable employees is entitled to recognition under Section 54(1) of the Labour Relations Act
  • Recognition is granted for purposes of collective bargaining, and once granted parties must proceed to bargain collectively under Section 57 of the Labour Relations Act

Court orders

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  1. 1.The Respondent shall execute recognition agreement with the Claimant, within 30 days of this Judgment
  2. 2.Parties shall negotiate, execute and register a collective bargaining agreement, within 90 days of delivery of this Judgment
  3. 3.No order on the costs
Jurisdiction invoked
Unresolved dispute certificate issued under the Labour Relations Act after conciliation, pursuant to the Employment and Labour Relations Court's jurisdiction over labour 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 Union of Domestic, Hotels, Educational Institutions and Hospital Workers [KUDHEIHA] v Board of Management, Motigo Secondary School (Cause E003 of 2024) [2025] KEELRC 1200 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1200/eng@2025-04-30

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