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ELRCDismissedNot stated in the judgment· [2025] KEELRC 1779 (KLR)

Transport Workers Union (K) v Sanghani & another (Cause E829 of 2024) [2025] KEELRC 1779 (KLR)

Employment and Labour Relations Court
19 June 2025
RSRadido Stephen
986 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Transport Workers Union (K) sued R.K. Sanghani and Nautamlal Sanghani under sections 48 and 50 of the Labour Relations Act, 2007, alleging failure to remit deducted trade union dues for 342 members from November 2023, and moved the Court under sections 48(2), (3), 50(8), (10) and 82 of that Act, section 19(6) of the Employment Act and rule 28 of the Employment and Labour (Procedure) Rules 2016 for convictions, fines of Kshs 40,000 and Kshs 10,000, payment of accrued dues of Kshs 2,257,200 and continuing monthly remittances of Kshs 205,200. The Respondents opposed the Motion through replying and further affidavits, contending the Motion was incompetent, that the 1st Respondent had a recognition agreement and a Collective Bargaining Agreement with the Kenya Quarry and Mine Workers Union, that the dispute had been through conciliation, and that members had resigned from the Union. A Labour Office inquiry into the Union's membership was also filed. The Court found the assertion of a rival recognition agreement uncontroverted, creating a legal doubt whether the Union could assert organisational or bargaining rights at the workplace. On that basis it declined all orders sought. It further held that a union seeking recognition must recruit a simple majority of unionisable employees; that the employer had not moved the National Labour Board to revoke the rival recognition agreement under section 54(5); and that the Union had not reported a recognition trade dispute to the Cabinet Secretary under section 54(6), rendering the Cause premature. The Motion dated 30 September 2024 was dismissed with costs to the Respondents.

Key legal issues

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01

Whether the Union could claim remittance of dues while another union held a recognition agreement

Holding

The Court declined to grant any orders because the existence of a recognition agreement with the Kenya Quarry and Mine Workers Union created a legal doubt as to whether the Union could assert organisational or bargaining rights at the workplace

Reasoning

The Respondents' uncontroverted assertion that the 1st Respondent had a recognition agreement and a CBA with another union meant the Union's claim to dues deducted for its members raised a threshold legal question. The Court found it inappropriate to grant the statutory convictions, fines and payment orders sought while that doubt subsisted and before the statutory recognition mechanisms had been engaged.

p. 2
02

Whether the dispute was premature

Holding

Yes - the employer had not sought revocation of the rival recognition agreement before the National Labour Board, and the Union had not reported a recognition trade dispute to the Cabinet Secretary as required by section 54(6)

Reasoning

Section 54(5) allows an employer to seek revocation of a recognition agreement, and section 54(6) requires recognition disputes to go to conciliation. Neither statutory route had been utilised: the Respondents had not approached the National Labour Board, and the Union had not reported a dispute to the Cabinet Secretary. The Cause was therefore premature.

p. 3

Legal principles established

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  • A trade union seeking recognition must recruit a simple majority of the employer's unionisable employees
  • A trade dispute over recognition must first be referred to conciliation under section 54(6) of the Labour Relations Act before court proceedings

Court orders

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  1. 1.The Motion dated 30 September 2024 is dismissed with costs to the Respondents
Jurisdiction invoked
Sections 48, 50, 54 and 82 of the Labour Relations Act, 2007; section 19(6) of the Employment Act; section 28 of the Employment and Labour (Procedure) Rules 2016

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, "Transport Workers Union (K) v Sanghani & another (Cause E829 of 2024) [2025] KEELRC 1779 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1779/eng@2025-06-19

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