Kenya Hotels and Allied Workers Union v Kentmere Club (2986) Ltd [2019] KEELRC 519 (KLR)

Facts

The Kenya Hotels and Allied Workers Union claimed that the Kentmere Club (2986) Ltd refused to sign a recognition agreement despite the union recruiting a simple majority of unionisable employees. The union claimed to have recruited 49 employees, while the club denied recruiting any employees and claimed to have lost 51% of its workforce due to retrenchments.

Issues

1. Whether the union had recruited a simple majority of unionisable employees
2. Whether the refusal to sign a recognition agreement was due to the union's recruitment or the club's retrenchments

Reasoning

Recognition is a transient process and cannot be retrospective. The court found that the club had denied the union access to recruit and hold meetings, but the union still commanded a simple majority of unionisable employees.

Outcome

The union was ordered to allow the club access to its premises for recruiting unionisable members and to sign a recognition agreement if a simple majority is attained.