Galot Estate Kiambu & another v Kenya Union of Commercial Food & Allied Workers & another (Civil Appeal 362 of 2019) [2025] KECA 690 (KLR) (11 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 690
- Citation
- [2025] KECA 690 (KLR)
- Decided
- 11 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the Employment and Labour Relations CourtCoramGV ODUNGA, H. Wasilwa, KARAN, E.M. Githinji, P.M. Mwilu, W. KARAN, W. KORIR
Holding
The Court allows the appeal, sets aside the ruling and order of the ELRC, and strikes out the 1st respondent's claim.
Facts
Galot Estate Kiambu and Mohan Galot filed a claim against London Distillers (K) Ltd, alleging that the latter had forced their employees to cease membership of the Kenya Union of Commercial Food & Allied Workers. The appellants argued that the 1st respondent lacked locus standi and that there was non-compliance with section 62 of the Labour Relations Act.
Issues
- Locus standi of the 1st respondent
- Non-compliance with section 62 of the Labour Relations Act
Reasoning
The Court found that the 1st respondent lacked locus standi and that there was non-compliance with section 62 of the Labour Relations Act, as the conciliation process had not been exhausted.
Outcome
Appeal allowed, 1st respondent's claim struck out.
Orders
- Set aside the ruling and order of the ELRC
- Strikes out the 1st respondent's claim
Remedies
- Each party bears their own costs of the appeal and the proceedings before the ELRC
Authorities cited
Legislation (2)
- Labour Relations Act
- Conciliation process
Cases cited (2)
- Teachers Service Commission (TSC) vs. Kenya Union of Teachers (KNUT) & 3 Others [2015] KECA 239 (KLR)
- Labour Relations Act sections 62-73
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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