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ELRCDismissedClaim dated 4th August 2021 (Memorandum of Claim)· [2025] KEELRC 2534 (KLR)

Kenya Union of Commercial Food and Allied Workers v Kinangop Dairy Limited (Cause E637 of 2021) [2025] KEELRC 2534 (KLR)

Employment and Labour Relations Court
25 September 2025
LNLinnet Ndolo
1,178 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a union's recognition claim because it couldn't prove it represented a simple majority of workers with solid evidence.

What this practically means

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Executive summary

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The Claimant union filed a Memorandum of Claim dated 4th August 2021 alleging the Respondent's refusal to sign a recognition agreement. The union claimed to have recruited 72 of the Respondent's 120 unionisable employees, exceeding the simple majority required under Section 54(1) of the Labour Relations Act, and sought an order for recognition, deduction and remittance of union dues, compulsory collective bargaining, a declaration that the Respondent unlawfully coerced union members, and costs. It alleged the Respondent sent eight union members on forced leave and directed them to Ndunyu Njeru Police Post, where they were questioned about union membership. The Respondent denied the claim, contending it was bad in law for bypassing conciliation, that the union's list contained double entries for two departed employees, denunciations and resignations, leaving only 56 members against a workforce of 324, and that it had a right to report suspected criminal conduct. Both parties called one witness each. The court, applying Section 54(1) and its prior decisions together with the Court of Appeal's decision in Mombasa Maize Millers, held that recognition is a matter of verifiable numbers that must be proved by evidence. The contested figures, double entries and withdrawals could not be ignored, and none of the alleged members testified to the coercion claims. The court found the Claimant had failed to prove its case and dismissed the claim, directing each party to bear their own costs in the interest of industrial harmony.

Key legal issues

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01

Whether the Claimant proved a simple majority of unionisable employees for recognition

Holding

The claim fails; the membership numbers were contested and the Claimant adduced insufficient evidence

Reasoning

The union claimed 72 members out of 120 unionisable employees, but the Respondent contested the figures, alleging double entries, resignations, withdrawals and a larger workforce of 344 (later 324). The court held the contestations could not be ignored and the burden lay on the Claimant to prove its case. No alleged member testified. Applying Section 54(1) and prior authorities, the union failed to discharge its evidentiary burden.

p. 4
02

Whether the Respondent intimidated and coerced union members

Holding

Not proved; broadside accusations without witness testimony

Reasoning

The union alleged forced leave, summons to Ndunyu Njeru Police Post and warnings against union membership. The Respondent denied the forced leave and defended its right to report suspected criminal activity. The court noted no alleged member was called to confirm the allegations, so the intimidation claim remained unsubstantiated.

p. 3

Legal principles established

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  • An employer must recognise a trade union for collective bargaining where it represents a simple majority of unionisable employees
  • Recognition and simple majority must be proved by documentary and verifiable evidence

Court orders

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  1. 1.The claim is dismissed
  2. 2.Each party to bear their own costs

Authorities

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Legislation

  • Labour Relations ActSection 54(1)

Cases cited (3)

  • Kenya Chemical and Allied Workers Union v Strategic Industries Limited
    [2016] eKLR
  • Kenya Shoe and Leather Workers Union v Crown Industries Limited & another
    [2017] eKLR
  • Mombasa Maize Millers Limited v Bakery, Confectionery, Food Manufacturing, and Allied Workers Union & another
    [2018] eKLR
Jurisdiction invoked
Section 54 of the Labour Relations Act; dispute declared under the Claimant's Memorandum of Claim

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 Commercial Food and Allied Workers v Kinangop Dairy Limited (Cause E637 of 2021) [2025] KEELRC 2534 (KLR)", Case Analysis (2025). Claim dated 4th August 2021 (Memorandum of Claim). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2534/eng@2025-09-25

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