https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1380

REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT NAKURU ELRC CAUSE NO. E096 OF 2024 (Before Hon. Lady Justice Anna Ngibuini Mwaure) KENYA PLANTATION & AGRICULTURAL WORKERS UNION……………………...…….…….… CLAIMANT VERSUS PATEL COFFEE ESTATE LIMITED……………. …….RESPONDENT RULING Introduction 1. Before this Honourable court for determination is to relation of a conciliation report dated 7th August 2025 after directions were issued on 29th July 2025 for a conciliation report to be filed. 2. The court directed parties to put in their respective written submissions in relation to the conciliation report and the same was done. 3. The prayers sought in the memorandum of claim dated 4th December 2024 are covered in the Concillator’s report and so in this Ruling the court will deal with the prayers in the claim as well for prudent use of time. ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 1 OF 9 Claimant’s submissions 4. The Claimant objects in toto to the Conciliator’s Report dated 7th August 2025, urging this Honourable Court to set it aside for being founded on errors of fact and procedure. The Claimant submitted that the Conciliator relied on documents furnished by the Respondent which were not availed to the Claimant for scrutiny, thereby rendering the findings unsupported by evidence. 5. The Claimant further submitted that the process was procedurally irregular, as the Labour Officer met parties separately and failed to ensure parity of participation, thus prejudicing the Claimant. The recommendations are described as unjust, unworkable, and contrary to the interests of the Claimant, having failed to interrogate the concerns raised at the workplace. On these grounds, the Claimant prays that the report be disregarded and the matter proceed to full hearing before the Court. Respondent’s submissions 6. The Respondent submitted that the Claimant union has failed to meet the legal threshold for recognition and ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 2 OF 9 deduction of union dues. The Respondent argued that while Article 36 of the Constitution protects freedom of association and Article 41 guarantees fair labour practices, such rights may be limited under Article 24, provided the limitation is lawful, reasonable, and justifiable. The Respondent relied on section 54(1) of the Labour Relations Act, which requires a trade union to represent a simple majority of unionisable employees before recognition, and section 48, which mandates ministerial notice before deduction of union dues. In support, the Respondent relied on the cases of Kenya Electrical Traders and Allied Workers Union v Kenya Electricity Transmission Limited [2025] KEELRC 1491 (KLR), where recognition was declined for lack of majority and no ministerial notice; Kenya Plantation & Agricultural Workers Union v Beauty Line Limited [2023] KEELRC 223 (KLR), where recognition was denied due to contested majority; and Kenya Private Universities Workers Union v Mount Kenya University [2024] KEELRC 665 (KLR), where the court held that viva voce evidence was necessary before ordering deduction of union dues, noting employees could pay subscriptions directly. ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 3 OF 9 7. The Respondent submitted that the Conciliator’s Report of 7th August 2025, arising from a consensual submission to conciliation, reflects the parties’ deliberations, is methodologically sound, and should guide the Court. Consequently, the Respondent prays that the union’s application and claim be dismissed. Analysis and determination 8. The court has considered the conciliation report and the submissions by both parties; the issue for determination is whether to allow the conciliation report as it is or set it aside. 9. Reconciliation is recognized as an alternative dispute resolution process under Article 159(2)(c) of the Constitution. 10.Section 63 of the Labour Relations Act provides that when a matter is referred to reconciliation under section 62, every party must file a replying statement with the Minister within fourteen days of receiving the report. Importantly, failure to file such a statement does not invalidate the referral itself. In essence, the requirement ensures parties have an opportunity to ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 4 OF 9 respond formally, but the dispute remains properly before the Minister even if one party does not comply. 11.Section 68(1) of the Labour Relations Act provides as follows: “If a trade dispute is settled in conciliation, the terms of the agreement shall be – a. Recorded in writing, and b. Signed by the parties and the conciliator” 12.In Kenya Union of Sugar Plantation and Allied Workers v Vihiga County Public Service Board & another; Salaries and Remuneration Commission (Interested Party) [2025] KEELRC 733 (KLR) the court held that no conciliation agreement was attached to the report and the application. What is exhibited is a recommendation by the conciliator which may only serve as evidence of the status of the issue rather than a conclusive agreement between the parties as contemplated in law. 13.In this case, the court notes that while the Claimant challenges the conciliation report on grounds of not being furnished with proper documents and being ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 5 OF 9 denied an opportunity to defend itself, the Respondent maintains that the report is valid and should be adopted. The Court, however, observes that the report reflects the discussions held during conciliation and the Conciliators recommendations. The Claimant avers the Concillator did not give them an opportunity to defend themselves. The Concillator however in his report, states that the parties met for reconciliation. The Concillator also states he considered the parties’ submissions. 14.The court having considered the Concillator’s report and submissions of the respective parties will adopt the Concillator’s report as hereinunder: - (1) Deduction and remittance of union dues the court will direct as follow:- “The Management to deduct union dues of the unionised members and remit the same immediately (Section 48 of Labour Relations Act).” (2) As for signing the Recognition Agreement The Respondent is to sign the Collective Bargaining Agreement as the union has complied with Section 54 of the Labour Relations Act. The union have according ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 6 OF 9 to the report of the Concillator complied with recruitment of unionisable employees which is above the simple majority – The Collective Bargaining Agreement to be signed within the next 30 days. (3) The Respondent is bound by this court’s order issued on 23rd January 2025 and must not victimise or harass the employees who are members or who join the union. It is their constitutional right to join the union and this is provided in article 48(c) of the 2010 Constitution. (4) Any members of the union who have been forced to resign from the Respondent’s employment because of joining the union must be reinstated within the next 30 days where practical. (5) The costs of this suit shall be met by the Respondent. It is so ordered. Dated, Signed and Delivered virtually at Nakuru this 22nd Day of May, 2026. ANNA NGIBUINI MWAURE ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 7 OF 9 JUDGE ORDER In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes. ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 8 OF 9 A signed copy will be availed to each party upon payment of Court fees. ANNA NGIBUINI MWAURE JUDGE ELRC CAUSE NO. 0096 OF 2024 RULING PAGE 9 OF 9