Kenafric Industries Limited v Bakery Confectionary Food Manufacturing and Allied Workers Union (Cause 248 of 2014) [2014] KEIC 10 (KLR) (Employment and Labour) (24 December 2014) (Ruling)
- Court
- Industrial Court
- Case number
- 10
- Citation
- [2014] KEIC 10 (KLR)
- Decided
- 24 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour DisputePostureAppeal from a decision to not register a Collective Bargaining AgreementCoramNzioki wa Makau
Holding
The CBA lacked legal enforceability as it had not been registered by the Industrial Court within the statutory timeline.
Facts
Kenafric Industries Limited and Bakery Confectionary Food Manufacturing and Allied Workers Union negotiated a Collective Bargaining Agreement (CBA) for 2015-2016, but the employer objected to its registration and sought to reopen negotiations.
Issues
- Whether an unregistered Collective Bargaining Agreement was enforceable against an employer where the onus for registration was on the employer.
- Whether the inadequacies of the employer could be visited upon the employees.
Reasoning
Under section 60 of the Labour Relations Act, a CBA became legally binding only upon registration by the Industrial Court. Since the agreement had not been registered, it lacked legal enforceability.
Outcome
The court deferred registration for 45 days to allow renegotiation and directed that the existing CBA remain in force pending resolution of the dispute.
Orders
- Deferral of registration for 45 days to allow renegotiation.
- Remainance of the existing CBA in force pending resolution of the dispute.
Authorities cited
Legislation (3)
- Labour Relations Act 2007
- Employment Act 2007
- Industrial Court (Procedure) Rules 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…