Kenya Scientific Research International Technical and Institutions Workers Union v Kenya Union Hair and Beauty Salon Workers & another [2018] KEELRC 1921 (KLR)

Summary at a glance

Facts

The Claimant union filed a suit to annul a recognition agreement between the 1st and 2nd Respondents, alleging that the agreement was a result of collusion and that the 1st Respondent was not the appropriate union for the 2nd Respondent's workers.

Issues

• Has the Claimant laid any basis for the nullification of the recognition agreement?
• Is the Claimant entitled to the reliefs sought?

Reasoning

The 1st Respondent recruited a simple majority of unionisable employees and satisfied the threshold under section 54(1) of the Collective Bargaining Agreement. The Claimant Union failed to prove its case on a balance of probabilities.

Outcome

Dismissed

Orders

• The suit is dismissed with costs to the 1st and 2nd Respondents.