Kenya Union of Commercial Food and Allied Workers v Banking Insurance & Finance Union & another (Cause E686 of 2022) [2025] KEELRC 728 (KLR) (6 March 2025) (Ruling)

Facts

The Claimant is a trade union representing employees in commercial and food sectors, and the 1st Respondent is a trade union representing employees in banks and financial institutions. The 2nd Respondent is a savings and credit cooperative society. The 1st Respondent filed a suit against the 2nd Respondent, and the court issued orders regarding recognition agreements and union dues.

Issues

1. Validity of recognition agreement between the Claimant and the 2nd Respondent
2. Validity of recognition agreement between the 1st and 2nd Respondents
3. Remedies for non-payment of union dues
4. Termination of a suit due to the nullification of the recognition agreement

Reasoning

The court found that granting a stay would lead to two trade unions fighting over representation, detrimental to industrial relations and employees' interests. The court also noted that the applications were redundant as they were filed in reaction to the previous application.

Outcome

The applications for stay of execution of the judgment were dismissed, and the applications were declared redundant.

Authorities cited