Kenya Union of Domestic,Hotels, Educational Institutions, Hospitals & Allied Workers v Board of Governors, Marmanet Secondary School [2014] KEELRC 1456 (KLR)

Facts

The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Union) claimed recognition as representative of the Respondent's unionisable employees. The Respondent, Marmanet Secondary School, denied the claim and reported a trade dispute to the Minister for Labour, who appointed a Conciliator. The Union recruited 13 of the Respondent's unionisable employees and forwarded Form S detailing their names for union membership.

Issues

1. Whether the Union has met the statutory threshold for recognition as representative of the Respondent’s unionisable employees
2. Whether the Respondent's refusal to grant recognition was justified

Reasoning

The Union failed to disclose the total number of Respondent's unionisable employees in its pleadings, and the practice of introducing evidence through submissions is not permitted in Kenya's procedural or substantive law.

Outcome

Dismissal of the Memorandum of Claim with no order as to costs

Authorities cited