Kenya Union of Commercial Food and Allied Workers v Mitra Enterprises Limited & another [2021] KEELRC 241 (KLR)

Facts

The Claimant, Kenya Union of Commercial Food and Allied Workers, recruited 26 Unionisable employees out of a total possible 45 employees of the 1st Respondent, Mitra Enterprises Limited, to its membership. The Claimant sought a declaration that the 1st Respondent's failure to recognize it and deduct Union dues was unfair and unlawful, and directed the 1st Respondent to sign a recognition agreement and commence deduction and remission of Union dues.

Issues

1. Whether the Claimant has satisfied the requirements of section 54(1) of the Labour Relations Act, 2007, by recruiting a simple majority of the respondents Unionisable employees to qualify for recognition
2. Whether the Claimant has met the requirements for deduction and remission of Union dues
3. Whether the Claimant is entitled to the reliefs sought
4. Who bears the costs of the suit.

Reasoning

The Court of Appeal in the case of Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union held that for recognition, the minimum number of workers willing to join the Union must be a simple majority or 51% of the work force. The Claimant, having less than 51% of the Unionisable employees, did not meet this threshold.

Outcome

The Claimant's application for recognition and deduction of Union dues was dismissed.

Authorities cited