Kenya Case Law

Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited

Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited [2025] KEELRC 2056 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 7'A' of 2019

Judge

AN Mwaure

The court found that the Respondent was aware of the judgment delivered on 26th June 2024, which required it to recognize the Applicant union and execute a recognition agreement within 30 days. Despite this, the Respondent failed to comply and did not seek to set aside or appeal the judgment. The court held that the Respondent's reliance on procedural technicalities, such as the absence of a formally extracted decree with a penal notice, did not excuse its deliberate non-compliance, especially in light of Article 159(2)(d) of the Constitution, which mandates that justice be administered witho…

Source excerpt

• Contempt Of Court
• Recognition Agreement
• Collective Bargaining
• Enforcement Of Judgments

County Government of Mombasa v Kenya National Union of Nurses

County Government of Mombasa v Kenya National Union of Nurses [2025] KEELRC 1972 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E001 of 2025

Judge

M Mbarũ

The court dismissed a preliminary objection on standing, finding the County Government of Mombasa had locus standi to challenge a nurses’ strike notice.

• Locus Standi
• Recognition Agreement
• County Public Service Board Mandate
• Strike Notice
• Promotion Of Employees
• Locus-standi

Kenya Hospitals Association t/a Nairobi Hospital v Kenya Medical Practitioners, Pharmacists and Dentists Union & another

Kenya Hospitals Association t/a Nairobi Hospital v Kenya Medical Practitioners, Pharmacists and Dentists Union & another [2025] KECA 1133 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E505 of 2024

Judges

J Mohammed, FA Ochieng, AO Muchelule

The Court of Appeal dismissed an application for stay pending appeal, holding that the applicant had an arguable appeal but failed to show the appeal would be rendered nugatory.

• Recognition Agreement
• Trade Union Majority Threshold
• Exparte Judgment
• Stay Of Execution
• Collective Bargaining
• Setting Aside Judgment

Kenya Union of Commercial, Food and Allied Workers v Irrico International Limited

Kenya Union of Commercial, Food and Allied Workers v Irrico International Limited [2025] KEELRC 1529 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E823 of 2021

Judge

S Radido

The court found that the County Labour Officer, acting under a court order, conducted a statutory census and reported that the claimant union had met the simple majority threshold for recognition as required by section 54(1) of the Labour Relations Act. The respondent's objections regarding the number of unionisable employees and alleged withdrawals were not substantiated and did not displace the validity of the County Labour Officer's report. The relevant date for assessing the threshold was when the union sought recognition, and at that time, the threshold was met. The court relied on statu…

Source excerpt

• Trade Union Recognition
• Simple Majority Threshold
• Labour Relations Act Section 54
• Unionisable Employees
• Recognition Agreement
• Statutory Census

Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd

Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd [2025] KEELRC 1503 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E046 of 2024

Judge

JK Gakeri

The court found the union failed to prove the full amount of unpaid dues, but ordered the employer to compute and pay outstanding unremitted union dues and costs.

• Union Dues
• Recognition Agreement
• Collective Bargaining
• Burden Of Proof
• Conciliation Process
• Union Membership

Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited

Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited [2025] KEELRC 1469 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E060 of 2024

Judge

JK Gakeri

The Employment and Labour Relations Court dismissed a union’s urgent motion for interim orders, finding no sufficient evidence of victimization or intimidation of its members.

• Trade Union Membership
• Recognition Agreement
• Collective Bargaining Rights
• Union Victimization
• Burden Of Proof
• Injunctive Relief

Banking Insurance & Finance Union v Elimu Sacco Society Ltd

Banking Insurance & Finance Union v Elimu Sacco Society Ltd [2025] KEELRC 1302 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E054 of 2024

Judge

S Radido

The court dismissed three interlocutory motions in a union dispute over dues and employee status, finding some requests overtaken by events and others incompetent.

• Union Dues Remittance
• Recognition Agreement
• Fixed Term Contracts
• Unfair Termination
• Employee Status
• Costs Award

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 3 others v Dessra Ventures Limited

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 3 others v Dessra Ventures Limited [2025] KEELRC 1254 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E052 of 2024

Judge

AK Nzei

The Employment and Labour Relations Court reviewed and quashed its earlier striking-out order after finding a recognition agreement had been omitted from the record by mistake.

• Recognition Agreement
• Review Of Court Orders
• Locus Standi
• Procedural Fairness
• Review-of-court-orders
• Recognition-agreements

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 14 others v Dessra Ventures Limited

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 14 others v Dessra Ventures Limited [2025] KEELRC 1255 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E1064 of 2023

Judge

AK Nzei

The court reviewed and quashed its earlier ruling striking out the suit, finding the omitted Recognition Agreement was sufficient reason to reinstate the claim.

• Recognition Agreement
• Review Of Court Orders
• Reinstatement Of Suit
• Locus Standi
• Procedural Irregularity
• Review-of-court-orders

Kenya Petroleum Oil Workers Union v Petro Oil Kenya Limited

Kenya Petroleum Oil Workers Union v Petro Oil Kenya Limited [2025] KEELRC 1230 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 24 of 2019

Judge

M Mbarũ

The court found that there was a clear and unambiguous court order issued on 25 January 2024, which the respondent was aware of and bound to comply with. The respondent's partial compliance and invocation of changes in union membership and a pending challenge to the Recognition Agreement did not justify non-compliance with the order to deduct and remit union dues from January 2024. The court held that the respondent could not unilaterally decide which orders to obey or ignore, and that the proper procedure for addressing changes in the shop floor or challenging the Recognition Agreement was t…

Source excerpt

• Contempt Of Court
• Collective Bargaining Agreements
• Union Dues Remittance
• Recognition Agreement
• Labour Relations Act Compliance