https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1940

Kenya Plantation and Agricultural Workers Union v Beauty Line Ltd & another (CBA E127 of 2026) [2026] KEELRC 1940 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEELRC 1940 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi CBA E127 of 2026 M Mbarũ, J July 9, 2026 Between Kenya Plantation and Agricultural Workers Union Union and Beauty Line Limited Respondent and Central Planning and Monitoring Unit (CPMU) Interested Party Ruling 1.The union, Kenya Plantation & Agricultural Workers Union, filed an application dated 18 May 2026 under the provisions of Article 41 of the Constitution, section 12 of the Employment and Labour Relations Court Act and Rules 44, 45 and 47 of the Employment and Labour Relations Court (Procedure) Rules and seeking orders:1.Spent.2.The Collective Bargaining Agreement dated 30 April 2026 entered into between the Kenya Union & Plantation Workers Union and Beauty Line Limited is hereby registered by this court.3.The Deputy Registrar of the Employment and Labour Relations Court is hereby directed to cause the said Collective Bargaining Agreement to be entered in the Court Registry and a Certificate of Registration to be forthwith issued.4.Costs be in the cause. 2.The application is supported by Meshack Khisa, the Director of Industrial Relations for the union, through his Supporting Affidavit, on the grounds that the court in Nakuru ELRCC E007 of 2023 – Kenya Plantation & Agricultural Workers Union v Beauty Line Limited issued an order allowing the employer to recognise the union. As a result, the union and the employer executed a Recognition Agreement and a Collective Bargaining Agreement (CBA) on 30 April 2026. Pursuant to section 57 of the Labour Relations Act (the LRA), a CBA became effective upon execution by the parties. Under section 60 of the LRA. 3.In his Affidavit, Khisa avers that the parties have a Recognition Agreement and have successfully negotiated and executed a CBA. In the interests of justice, the orders sought in the application should be issued. 4.In reply, the employer filed the Replying Affidavit of Julius Muga, the human resource director, who averred that the matter started with Nakuru ELRCC Cause No. E007 of 2023, where the union moved court seeking an order of recognition by the employer. The other claim was that the employer failed to agree on two technology and medical issues that would benefit the employees, which was deemed unlawful and illegal. The union also sought an order restraining the employer from victimising employees for its non-compliance with Article 41 of the Constitution. 5.In response to the union's claim, the employer denied the allegations, and on 19 March 2024, the court recognised the union. 6.Muga avers that the employer was dissatisfied with the ruling and filed a Notice of Appeal and an application seeking a stay of execution pending the appeal, which was allowed on 30 April 2024. Despite the stay order, the union has used all manner of tactics to coerce the employer to sign the Recognition Agreement, including filing an application dated 25 February 2026, which was dismissed for non-attendance on 9 April 2026. 7.On 30 April 2026, the union, through a process server, brought a 2-letter dated 29 April 2026 demanding immediate compliance with the orders issued on 19 March 2024 and seeking a meeting on 11 May 2026. The documents presented were two letters, and, unknown to the deponent, the documents he signed were Recognition Agreements. 8.Muga avers that his intention was not to sign a Recognition Agreement of a CBA. He had no authority to execute such documents. It is not legally possible that the employer signed a Recognition Agreement and a CBA at the same time while the matter was pending under Notice of Appeal. There is a subsisting order of stay of execution. The matter was in court on 9 April 2026, and the court granted 60 days to file the record of appeal with a mention date of 29 June 2026. 9.Three being a stay of execution, the employer had not granted the deponent authority to sign the Recognition Agreement or the CBA. The application herein is premature and should be dismissed with costs. 10.The union filed a Supplementary Affidavit of Mechack Khisa, who avers that the application before the court is to secure the Recognition Agreement and the CBA ELRCC E007 of 2023 from which the Recognition Agreement and the CBA arise. The judgment allowed for recognition of the union, and the parties have since signed the same and secured a CBA dated 30 April 2026 in accordance with section 59(4) of the LRA. The only matter pending is the registration with the court. Hence, Nakuru ELRCC E007 of 2023 was purely seeking recognition, and the matter is since settled and the proceedings closed. 11.The process for a CBA registration under section 60 of the LRA differs from the proceedings under Nakuru ELRCC E007 of 2023. The employer's position is untenable, as there is a signed Recognition Agreement and a CBA. There is no order barring execution of the Recognition Agreement and the CBA. 12.Khisa avers that there is no appeal as alleged by the employer. None has been served or brought to the union's attention. 13.Parties attended, filed written submissions, and made oral highlights in court. These are analysed in the findings herein. Determination 14.The union's application seeks to secure the CBA executed by the parties on 30 April 2026. The CPMU for the Minister attended and submitted that there are no objections to the registration of the CBA. 15.The employer is opposed to the registration of the CBA on the grounds that proceedings are pending before the Nakuru ELRCC in E007 of 2026. That the Recognition Agreement and the CBA were secured through coercion of its officer, who thought he was signing documents for service. 16.To begin with, the CPMU, the repository of all CBA analysis, supports CBA registration. This is the mandate of such an office, to receive, review and confirm adherence to the guidelines. The court relies on the CPMU's expertise. 17.Additionally, the officer who alleged he was coerced into executing the Recognition Agreement and the CBA on 30 April 2026 took no action after that alleged discovery. He sat back after signing the Recognition Agreement and the CBA, and what remained was for the union to proceed as herein provided. The document attached to the Replying Affidavit of Muga, if assessed, does not refer to a document of service. Paragraph 3 thereof states: 18.Take notice that failure and/or refusal to execute the Recognition Agreement and/or engage in the CBA negotiations as required shall leave the Union with no option but to: Institute contempt of court proceedings for disobedience of the court order. Report a trade dispute to the relevant authorities for failure to negotiate in good faith. 19.Muga has identified himself as the employer's human resources director, such as a senior officer and an officer capable of appreciating the context of the documents he received and executed. 20.The averments that he was coerced to execute the Recognition Agreement and the CBA are thus not honest. The failure to address such alleged coercion through available mechanisms further supports this assessment of this officer. 21.Furthermore, the employer asserts that following Nakuru ELRCC E007 of 2023, which allowed recognition of the union, a Notice of Appeal was filed. Also, a stay order was issued. However, only a Notice of Appeal is attached to the affidavit. Such intention to appeal is not acted upon. It is not actualised through an appeal. None is attached to these proceedings. 22.Indeed, as submitted by the union, once the recognition proceedings were addressed in Nakuru ELRCC E007 of 2023, the next step was the execution of the Recognition Agreement and the CBA. However, the motions of section 54 of the LRA should be initiated first, followed by CBA negotiations. 23.Finally, the court recognises that the Recognition Agreement and the CBA entail good relations and good faith. Each party is regulated under the LRA and the Labour Institutions Act, particularly employees who have unionised, who have the right to rally behind their union, secure recognition, and enjoy terms and conditions of employment under a CBA. Within such a collective, unionised employees acquire rights, particularly the right not to be victimised for unionization in terms of section 46 of the Employment Act. Equally, the employer has the right to secure the shop floor and ensure productivity.All these require good faith. 24.There are submissions that the matter before Nakuru ELRCC E007 of 2023 is set for hearing on 7 July 2026. It is thus necessary to appreciate what is pending before the court that delivered judgment on 19 March 2024 and allowed recognition. It cannot be that the parties are attended before the same court for allocation of more time to file a record of appeal. 25.Save for the Recognition Agreement and the CBA being executed on the same date, which should be secured exclusively separately for the obvious reason that one should lead to the next stage, the union's application is well-founded. However, the orders sought shall not issue as the CBA is premature. Parties shall revert to the CBA terms and conditions as approved by the CPMU, and the employer shall address any issues or clauses thereof before confirmation and approval.The CPMU shall be available to the parties in this regard. 26.The court shall monitor the process as addressed above; the employer has not stated any matter opposing the CBA presented. 27.An additional 14 days shall suffice to allow the employer time to address the CBA. Otherwise, the Recognition Agreement executed by the employer's senior officer is proper and valid. Thus, where the employer fails to address the above, the orders sought by the union regarding the registration of the CBA shall be applied as sought. 28.Accordingly, the application dated 18 May 2026 is with merit, and the following orders are hereby issued:a.The Recognition Agreement executed on 30 April 2026 is valid and lawful.b.The CBA executed on 30 April 2026 is premature. Parties shall revert and address within 14 days. The CPMU shall be available to assist the parties where necessary.c.The employer shall cooperate in addressing (b) above.d.Mention on 24 July 2026 to confirm the CBA.e.For industrial peace, costs in the cause. DELIVERED IN OPEN COURT THIS 9TH DAY OF JULY 2026M. MBARŨJUDGEIn the presence of:Court Assistant: Kemboi……………………………………………… and …………………………………..………