Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Interested Party) (Employment and Labour Relations Cause 145 of 2018) [2025] KEELRC 1482 (KLR)
The bottom line
#A Kenyan court confirmed unions can sue for workers without a recognition agreement, but only the Kshs.1,000 medical fee refund was proven and awarded.
What this practically means
#Executive summary
#Key legal issues
#Whether a trade union without a recognition agreement can represent employees before the court
Yes. The right to join a union of one's choice is constitutionally guaranteed under Article 41(2); absence of a recognition agreement does not bar representation.
The court invoked Article 41(2) of the Constitution guaranteeing every worker the right to form, join or participate in the activities of a trade union. Because the employees chose the Claimant union, the lack of a recognition agreement with the Respondent was irrelevant to the union's capacity to file and prosecute the claim on their behalf. The objection by the Respondent and Interested Party founded on Sections 54 and 56 of the Labour Relations Act was rejected as a fallacy.
Whether the change of trademark from VEGPRO (K) Ltd to VP Group and re-serialization of payroll numbers amounted to a redundancy
No redundancy was proven; no evidence was placed before the court that any employees were declared redundant.
The Respondent maintained that VP Group is only a brand name and that the registration exercise was a payroll transition with no effect on employment contracts. CW1 conceded there was no evidence of membership, no list of the allegedly redundant employees was placed in court, and no employee came forward. The court held the Respondent to its word that employee numbers would not change so as to affect employment status.
Whether the Kshs.1000 per employee paid for medical check-up is refundable
Yes, the Respondent having not denied the payment, the amount is refundable.
CW1 testified that all employees paid Kshs.1000 for medical check-up and were not issued receipts, signing only with the company nurse. The Respondent denied the allegation in its pleadings, but the court found the payment was not denied in the sense required and ordered the refund.
Legal principles established
#- Every worker has a constitutional right to form, join or participate in the activities of a trade union of their choice, and a union may represent its members even without a recognition agreement with the employer
Court orders
#- 1.The Respondent to refund the Kshs.1000 per employee paid for medical check-up, the Respondent having not denied the payment
- 2.There shall be no order of costs
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Act (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Interested Party) (Employment and Labour Relations Cause 145 of 2018) [2025] KEELRC 1482 (KLR)", Case Analysis (2025). Not stated in the judgment (Claim by Memorandum of Claim dated 1st October 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1482/eng@2025-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.