[2022] KEELRC 1099 (KLR)

[2022] KEELRC 1099 (KLR)

The court found that the collective bargaining agreement (CBA) was not properly on record, meaning it had not been filed or presented in accordance with the required procedures. As a result, the CBA was expunged from the record, and any orders previously issued in relation to the CBA, specifically those made on...

Source-derived case information.

Citation
[2022] KEELRC 1099 (KLR)
Parties
Applicant: Nine One One Group Limited; Respondent: Kenya National Private Security Workers Union
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
CBA E066 of 2022
Procedural Posture
Employment and Labour Cause / Ruling
Outcome
CBA expunged; previous orders vacated; no certificate to issue.
Judges
Nzioki wa Makau
Legal Topics
Collective Bargaining Agreement, Procedural Irregularity
Source Language
en
Employment and Labour Collective Bargaining Agreement Procedural Irregularity

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Nine One One Group Limited

Applicant

Kenya National Private Security Workers Union

Respondent

Procedural Posture

Employment and Labour Cause / Ruling

Legal Issues

  1. 1 Whether the collective bargaining agreement (CBA) is properly on record.
  2. 2 Whether a certificate should be issued in respect of the CBA.

Ratio Decidendi

The court found that the collective bargaining agreement (CBA) was not properly on record, meaning it had not been filed or presented in accordance with the required procedures. As a result, the CBA was expunged from the record, and any orders previously issued in relation to the CBA, specifically those made on April 27, 2022, were vacated. The court further directed that no certificate should be issued in respect of the CBA, as the procedural irregularity rendered it invalid for the purposes of the proceedings.

Court Disposition

CBA expunged; previous orders vacated; no certificate to issue.

Orders

  • The CBA herein is expunged from the record.
  • No certificate to be issued in respect of the CBA.