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ELRCDismissedNot stated in the judgment as provided

Kenya Electrical Trades and Allied Workers Union v Kenya Electricity Transmission Co Ltd (Cause E1060 of 2023) [2025] KEELRC 2556 (KLR)

Employment and Labour Relations Court
25 September 2025
RSRadido Stephen
1,014 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Meru (Radido Stephen, J) on a Motion dated 30 May 2025 by Kenya Electricity Transmission Co Ltd, the respondent, seeking a stay of execution of orders issued on 22 May 2025 directing the Ministry of Labour to conduct a census to establish the level of union membership, and a stay of proceedings pending an intended appeal. The respondent argued it had filed a Notice of Appeal, had applied without inordinate delay, and would suffer substantial loss because the census would introduce new facts and evidence not existing as of December 2023 when recognition was sought, and contended that unionisation levels could not be determined by balloting or census. The claimant union opposed, relying on authority that stay of proceedings is a grave judicial action with a high and stringent test, and that execution alone does not amount to substantial loss. The court dismissed the Motion. It held that the census order was part of the hearing process, with parties retaining the opportunity to submit on the relevance and weight of the Conciliator's report, rendering claims of substantial loss idle. It stressed that conciliation is statutorily anchored in the Labour Relations Act and that snubbing it contradicts good faith and industrial harmony. It also held that trade union recognition disputes must be determined expeditiously and proportionately in view of employees' rights of association; the dispute had been pending about three years and had been decreed to be heard on a priority basis. The court affirmed census and/or balloting as a long-accepted practice for establishing the simple majority threshold under section 54(1) of the Labour Relations Act, dismissing the respondent's secret-balloting argument as a red-herring. The Motion was dismissed with costs, and the Conciliator was directed to conduct the census within 45 days and file a report to enable directions on a hearing on the merits.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the respondent met the test for stay of execution of the orders of 22 May 2025 directing a census to establish union membership
  2. 2.Whether a stay of proceedings pending the hearing and determination of the appeal ought to be granted

Key legal issues

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01

Stay of execution of the census order

Holding

Refused because the census was part of the hearing process, not execution, and would not negate the essential core of the applicant as successful party in the appeal

Reasoning

The court held the census order was an interlocutory step in the hearing, and parties would still submit on the relevance and weight of the Conciliator's report. Consequently, the claim of substantial loss based on the census introducing new facts was without merit.

p. 2
02

Stay of proceedings pending appeal

Holding

Refused because recognition disputes require expeditious and proportionate determination in view of employees' rights of association and the pending priority-basis direction

Reasoning

The court emphasised statutory anchoring of conciliation in the Labour Relations Act, that snubbing conciliation contradicts good faith and industrial harmony, and that the dispute had been on the docket for about three years, making a stay contrary to the interests of justice.

p. 3
03

Legitimacy of census/balloting in union recognition disputes

Holding

Affirmed as a long-standing practice recognised by the Court for establishing the simple majority threshold under section 54(1) of the Labour Relations Act

Reasoning

The court noted that census and/or balloting has been given judicial imprimatur by the ELRC and its predecessor for recognition disputes, and dismissed the respondent's argument that the mode of conducting a census through secret balloting being undetermined by the Court of Appeal was a red-herring.

p. 3

Legal principles established

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  • A census or balloting is a long-accepted mechanism for establishing whether a trade union has met the simple majority threshold under section 54(1) of the Labour Relations Act
  • An order for a census that is part of the hearing process cannot constitute substantial loss for stay of execution purposes since parties may still submit on the weight of the resulting report
  • Stay of proceedings is a grave judicial action with a high and stringent test

Court orders

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  1. 1.The Motion dated 30 May 2025 is found without merit and is dismissed with costs
  2. 2.The Conciliator is directed to conduct the census within the next 45 days and file a report with the Court to enable the Court give directions on a hearing on the merits

The bench

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One judgment of the whole court — no separate or dissenting opinions.

RS
majority

Wrote the judgment

Jurisdiction invoked
Not expressly invoked; inherent power of the Employment and Labour Relations Court over interlocutory applications in employment disputes

Relief refused

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Stay of execution of the orders dated 22 May 2025

The census order was part of the hearing process and would not occasion substantial loss

p. 2

Stay of proceedings pending appeal

Disputes on trade union recognition must be determined expeditiously; the dispute is about 3 years old and the substantive dispute was decreed to be heard on a priority basis

p. 3

Costs

The Motion dated 30 May 2025 is dismissed with costs (costs to the Union/claimant)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Motion dated 30 May 2025 is found without merit and is dismissed with costs.
p. 3Final orders - dismissal of the Motion
The Conciliator is directed to conduct the census within the next 45 days and file a report with the Court to enable the Court give directions on a hearing on the merits.
p. 3Final orders - direction on census
Conciliation, in this respect, is statutorily anchored in the Labour Relations Act, and the Respondent would be acting contrary to the spirit of good faith and industrial harmony in snubbing the conciliation process.
p. 2Good faith and conciliation
disputes concerning the recognition of a trade union by an employee should be determined expeditiously and proportionately
p. 3Expeditious determination of recognition disputes

Issues in the judgment

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minor

The names of the parties and the case number are not fully stated in the judgment extract; the Union is identified only as 'the Union' and the Motion's first two prayer heads are elided

minor

The James Wangalwa case is cited with inconsistent citations ((2012) eKLR and (2012) KEHC 1094 (KLR)) within the same judgment

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 Electrical Trades and Allied Workers Union v Kenya Electricity Transmission Co Ltd (Cause E1060 of 2023) [2025] KEELRC 2556 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2556/eng@2025-09-25

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