Kenya Union of Commercial, Food and Allied Workers v Mr Price Retail Kenya Limited (Employment and Labour Relations Cause E114 of 2022) [2023] KEELRC 2540 (KLR) (19 October 2023) (Ruling)

Summary at a glance

Facts

The Claimant, Kenya Union of Commercial, Food and Allied Workers, seeks to be recognized as the trade union representing the Respondent's employees. The Claimant claims to have recruited more than a simple majority of the Respondent's unionisable employees.

Issues

• Whether the Claimant should be granted the Orders sought.
• Whether the Respondent should be restrained from certain actions against its employees.

Reasoning

The Court finds prima facie evidence that the Respondent is pressurizing its employees to disengage from the Claimant's union due to the ongoing suit, and grants the interim order to protect the employees' constitutional rights.

Outcome

The Claimant's Notice of Motion is allowed to the extent of prayer (b).

Orders

• Interim orders restraining the Respondent from victimizing, coercing, harassing, discriminating, terminating or disciplining any of its employees who wish to join the Claimant's Union.

Remedies

• Interim orders

Authorities cited