[2018] KEELRC 1486 (KLR)
The court found that it lacked jurisdiction to determine the disputed clauses of the CBA between the parties because the Kenya Meat Commission, as a state corporation, is required by law to consult the Salaries and Remuneration Commission (SRC) before any adjustments to salaries and emoluments. There was no evidence...
Source-derived case information.
- Citation
- [2018] KEELRC 1486 (KLR)
- Parties
- Claimant: Kenya Union of Commercial Food and Allied Workers; Respondent: Kenya Meat Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 549 of 2013
- Procedural Posture
- Employment and Labour Cause / Judgment
- Outcome
- suit struck out for want of jurisdiction
- Judges
- NJ Abuodha
- Legal Topics
- Collective Bargaining Agreements, Public Service Remuneration, State Corporations, Salaries and Remuneration Commission
- 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 Union of Commercial Food and Allied Workers
Claimant
Kenya Meat Commission
Respondent
Procedural Posture
Employment and Labour Cause / Judgment
Legal Issues
- 1 Whether the court has jurisdiction to determine the disputed clauses of the CBA without the input of the Salaries and Remuneration Commission (SRC).
- 2 Whether the disputed CBA clauses can be determined in the absence of SRC recommendations as required for state corporations.
Ratio Decidendi
The court found that it lacked jurisdiction to determine the disputed clauses of the CBA between the parties because the Kenya Meat Commission, as a state corporation, is required by law to consult the Salaries and Remuneration Commission (SRC) before any adjustments to salaries and emoluments. There was no evidence that SRC input was sought during the negotiation process. Treasury Circular No. 02/2016 explicitly requires SRC recommendations for such adjustments in state corporations. Therefore, proceeding to determine the merits of the disputed clauses without SRC involvement would be futile and contrary to statutory requirements. The court accordingly struck out the suit and directed...
Court Disposition
suit struck out for want of jurisdiction
Orders
- The suit is struck out with no order as to costs.
- The CBA, if still necessary, should be negotiated with the input of the Salaries and Remuneration Commission (SRC).
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 549 OF 2013
KENYA UNION OF COMMERCIAL
FOOD AND ALLIED WORKERS ................................ CLAIMANT
VERSUS
KENYA MEAT COMMISSION .............................. RESPONDENT
JUDGMENT
1. The parties herein were deadlocked on negotiations for CBA for the period 1st July 2012 to 30th June, 2014 which period has since lapsed. The parties were unable to agree on clauses concerning allowances, remuneration, medical benefit, transfer, gratuity, commuter allowance, canteen and special allowance for drivers and freezers.
2. On 20th March, 2014 Lady Justice Ndolo referred the dispute to CPMU for their opinion. The CPMU prepared and filed their report on 18th December 2014. The matter has been mentioned severally thereafter with a view to recording settlement but this did not materialize leading to the court directing the parties to file submissions to enable the court decide the matter.
3. In his submissions on behalf of the respondent, Mr Koceyo raised a fundamental and important issue which the court must take into account in reaching a decision. That is the fact that the respondent being a state corporation hence its employees are public servants, the fixing of their remuneration has to be done in consultation with the Salaries and Remuneration Commission. There is no evidence that Salaries and Remuneration Commission’s input was sought throughout the process of negotiating the disputed CBA.
4. Treasury circular No. 02/2016 which was filed by the respondent provides among others that adjustment of salaries and emoluments and upgrading of staff in state corporation/SAGAs should only be done after receiving recommendations from SRC. In the circumstances, it would be an exercise in futility for the court to delve into merit or otherwise of either party’s position over the disputed clauses without the benefit of SRC’s input.
5. The court would therefore decline jurisdiction and direct that the CBA concerned if still necessary, be negotiated with the input of SRC. The suit is therefore struck out with no order as to costs.
6. It is so ordered.
Dated at Nairobi this 13th day of July, 2018
Abuodha Jorum Nelson
Judge
Delivered this 13th day of July, 2018
Abuodha Jorum Nelson
Judge
In the presence of:-
.............................................for the Claimant and
.................................................for the Respondent.