Kenya Union of Commercial, Food and Allied Workers Union v Ruthaka Farmers’ Co-operative Society [2018] KEELRC 1791 (KLR)

Facts

The Kenya Union of Commercial, Food and Allied Workers Union (Claimant) seeks union dues deduction and remittance from June 2017 to date from Ruthaka Farmers' Co-operative Society (Respondent). The Claimant claims 51% of the Respondent's employees, and asserts the Respondent should recognize it as a union. The Respondent argues there is a pre-existing recognition agreement with another union and that recognizing the Claimant would cause chaos.

Issues

1. Whether the Claimant is entitled to union dues deduction and remittance from the Respondent
2. Whether the Claimant's claim should be struck out due to procedural defects

Reasoning

The court found the Claimant did not obtain a ministerial order directing deductions and did not follow the proper recognition process under Section 54 of the Labour Relations Act. The court also noted the presence of another union on the ground.

Outcome

The Claimant's claim is rejected and struck out with costs to the Respondent.

Authorities cited