Kenya Shoe and Leather Workers Union v Finlay Brushware Ltd (Cause E809 of 2024) [2025] KEELRC 1528 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Union met the simple majority threshold for recognition under section 54(1) of the Labour Relations Act
The Union failed to establish the threshold; the records disclosed inconsistent figures (78 of 100, or 144 of 250 unionisable employees) and no witness was called to produce the Conciliator's report or explain the discrepancy
Section 54(1) of the Labour Relations Act requires a simple majority of unionisable employees before an employer must recognise a union. The Union did not disclose in its Statement of Claim the numbers recruited or the total unionisable employees, and its own filings contained conflicting totals. Without evidence produced on oath establishing the majority, the claim fails on the pleadings alone, even before considering the Respondent's testimony.
Evidentiary status of documents attached to submissions
The Court disregarded the evidentiary documents attached to the Union's submissions because evidence cannot be introduced through submissions
The Court stated that submissions serve only as legal argument, not as a vehicle for evidence. A document becomes evidence only after production on oath by a witness or through an affidavit. The Union having opted not to lead any evidence, the Conciliator's report attached to its submissions could not be relied upon to prove the recruitment figures.
Deduction and remittance of union dues
This issue was settled out of court and did not fall for determination
Following the Court's encouragement at a pre-trial stage, the parties settled the question of deduction and remittance of union dues, leaving only the recognition agreement question for the Court's determination.
Legal principles established
#- A trade union seeking recognition must meet the simple majority threshold set by section 54(1) of the Labour Relations Act, and must prove that threshold through evidence produced on oath
- A document becomes evidence only when produced on oath by a witness or through an affidavit; submissions cannot be used to introduce evidence
Court orders
#- 1.The Cause is dismissed
- 2.No order on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a trade dispute stated as an Issue in Dispute (recognition agreement and deduction/remittance of union dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Shoe and Leather Workers Union v Finlay Brushware Ltd (Cause E809 of 2024) [2025] KEELRC 1528 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1528/eng@2025-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.