Kenya Plantation & Agricultural Workers Union v Kabungeria Farmers Co-op Society (Employment and Labour Relations Cause E002 of 2024) [2025] KEELRC 2871 (KLR)
The bottom line
#A Kenyan farm was ordered to recognise its workers' union, deduct union dues, and negotiate a collective bargaining agreement.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim for recognition, check-off deduction and remittance of union dues, and negotiation of a CBA is merited
The claim is merited; the Claimant recruited the simple majority of unionisable employees and served check-off forms, which the Respondent failed to respond to or controvert.
The court applied sections 48 and 54 of the Labour Relations Act, which oblige an employer to recognise a union representing a simple majority of unionisable employees and to commence deduction of union dues within thirty days of service of check-off forms. Exhibits showed check-off forms sent in March 2021 and an invitation to a meeting that went unanswered. The suit proceeded by formal proof as the Respondent never filed a response, so the Claimant's case was uncontroverted and judgment was entered in its favour with costs.
Legal principles established
#- An employer must recognise a trade union for collective bargaining where it represents a simple majority of unionisable employees.
- Once check-off forms are served, an employer is duty bound to deduct and remit union dues.
Court orders
#- 1.Prohibit and/or restrain the Respondent from harassing, threatening to dismiss and/or causing undue influence over its employees who are members of the Claimant's union
- 2.Compel the Respondent to deduct and remit union dues of the Claimant's union members from its farm
- 3.Compel the Respondent to sign the Recognition agreement served upon the Respondent by the Claimant's Union, allow the Claimant access to its premises for purposes of holding a general meeting, and further to compel the Respondent to negotiate a Collective Bargaining Agreement with the Claimant union
- 4.The Claimant is awarded costs of this suit
- Jurisdiction invoked
- Articles 36 and 41 of the Constitution; Labour Relations Act (sections 48 and 54)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Kabungeria Farmers Co-op Society (Employment and Labour Relations Cause E002 of 2024) [2025] KEELRC 2871 (KLR)", Case Analysis (2025). Memorandum of Claim dated 9th February 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2871/eng@2025-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.