[2022] KEELRC 13349 (KLR)
The court found that the application to stay the implementation of the Recognition Agreement lacked any legal or factual basis. The Recognition Agreement, having been entered into pursuant to court orders, remains valid and in force unless and until it is lawfully revoked or terminated through the proper statutory...
Source-derived case information.
- Citation
- [2022] KEELRC 13349 (KLR)
- Parties
- Applicant: Kenya Plantations and Agricultural Workers Union; Respondent: Exotic Penina Fields Group (Formerly Carnations Plants)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2045 of 2017
- Procedural Posture
- Cause / Ruling on Interlocutory Application for Stay of Recognition Agreement
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Recognition Agreement, Union Membership Threshold, Labour Relations Act, Stay of Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Plantations and Agricultural Workers Union
Applicant
Exotic Penina Fields Group (Formerly Carnations Plants)
Respondent
Procedural Posture
Cause / Ruling on Interlocutory Application for Stay of Recognition Agreement
Legal Issues
- 1 Whether the court should stay the implementation of the Recognition Agreement pending determination of the respondent's application to the National Labour Board to revoke or terminate the agreement.
- 2 Whether the Recognition Agreement remains valid in light of alleged reduction in union membership below the statutory threshold.
Ratio Decidendi
The court found that the application to stay the implementation of the Recognition Agreement lacked any legal or factual basis. The Recognition Agreement, having been entered into pursuant to court orders, remains valid and in force unless and until it is lawfully revoked or terminated through the proper statutory process. The applicant failed to demonstrate that the threshold for union membership had been conclusively determined to have fallen below the statutory requirement, nor that the proper process for revocation had been completed. The court agreed with the respondent that the application was incompetent, misconceived, and an abuse of the court process. Accordingly, the application...
Court Disposition
application dismissed with costs
Orders
- The application dated November 23, 2021 is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
Kenya Plantations and Agricultural Workers Union v Exotic Penina Fields Group (Formerly Carnations Plants) (Cause 2045 of 2017) [2022] KEELRC 13349 (KLR) (1 December 2022) (Ruling)
Neutral citation: [2022] KEELRC 13349 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 2045 of 2017
MN Nduma, J
December 1, 2022
Between
Kenya Plantations and Agricultural Workers Union
Claimant
and
Exotic Penina Fields Group (Formerly Carnations Plants)
Respondent
Ruling
1. By a notice of motion application dated November 23, 2021, the applicant prays the court to stay any intended implementation of the Recognition Agreement entered into on October 28, 2012 by the parties pending the determination of the Respondent’s application to the National Labour Board to revoke/terminate the Recognition Agreement dated October 28, 2013.
2. The Recognition Agreement is said to have been entered into pursuant to protracted Court proceedings and that the same has become invalid since the number of staff of the Respondent who are union members has grossly fallen below the threshold required under section 54(2) of the Labour Relations Act No 14 of 2007 and therefore the basis for the recognition has ceased to exit.
3. The application is opposed vide a replying affidavit of Thomas Kipkenda, the Deputy Secretary General of the Claimant/Respondent who deposes that the application is malafide, is incompetent, misconceived, bad in law, defective, meritless and an abuse of the process of the Court.
4. The respondent states that the Recognition Agreement dated October 28, 2013, entered into pursuant to court orders is still valid and in force and there is no basis of having it stayed and/or revoked.
5. The court having considered the prayers sought by the applicant is fully in agreement with the submissions by the respondent that the application is incapable of being granted, lacks any legal and/or factual basis and is an abuse of the court process.
6. The application is wholly without merit and is dismissed with costs.
DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 1STDAY OF DECEMBER, 2022. MATHEWS N NDUMAJUDGEAppearancesMr. Michuki for ApplicantMr. Saya for RespondentEkale – Court clerk2