Kenya Private Universities Workers Union v Mt. Kenya University [2021] KEELRC 1541 (KLR)

Summary at a glance

Facts

The Claimant Union filed an Application seeking access to Unionisable Employees of the Respondent University for recruitment purposes. The Respondent filed a Notice of Preliminary Objection stating it does not have a Recognition Agreement with the Claimant Union.

Issues

• Whether the Claimant Union has to be formally recognized by the Respondent University to access Unionisable Members in its recruitment drive.
• Whether the Respondent has an unqualified obligation to facilitate the Claimant Union in its recruitment drive.
• Whether the demands made by the Claimant Union are unreasonable and border on the bizarre.

Reasoning

Recognition can only be achieved if there is recruitment. The engagement of the Claimant Union does not have to be preceded by a Recognition Agreement. The Respondent is not obligated to facilitate the Claimant Union in its recruitment drive.

Outcome

The Preliminary Objection by the Respondent is declined. The Application by the Claimant is declined.

Orders

• The Preliminary Objection by the Respondent is declined.
• The Application by the Claimant is declined.