KENYA SHOE & LEATHER WORKERS’ UNION v UMOJA RUBBER PRODUCTS LTD. [2007] KEELRC 2 (KLR)
The bottom line
#Kenya's Industrial Court ruled the shoe workers' union must replace the chemical workers' union as Umoja Rubber's recognised union for collective bargaining.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to recognition between two rival unions with competing constitutional mandates
The first Union, being more specific to the shoe industry, is entitled to be accorded formal recognition as the sole and rightful representative of the Company's unionisable employees.
The Company's activities had drastically changed: over 80% of its concerns were devoted to shoe manufacturing, making it the largest shoe manufacturer in the country. Both unions' constitutions covered rubber making, but the first Union's constitution was more specific, covering manufacture and repair of shoes. The Court upheld the Minister's second report findings and recommendation, and ordered recognition of the first Union and execution of a recognition agreement within two months.
Challenge to the Demarcation Committee report for want of signatures
The objection failed; the Court presumed the report was duly signed and endorsed.
Mr. Ogutu challenged the validity of the Minister's second report on the ground that it was not signed by the Demarcation Committee members. The Court applied Section 119 of the Evidence Act on rebuttable presumptions of fact, noting that no such objection was taken earlier; had it been, the Court could have summoned the Committee members. The Court appreciated the important role of Demarcation Committees and presumed the Committee performed its duty properly and signed the report as required by law.
Legal principles established
#- Where an employer's industrial activities have changed so that over 80% of its activities fall within one industry, the more specific union to that industry is entitled to recognition as sole representative of the unionisable employees.
- The Court may presume, under Section 119 of the Evidence Act, that a Demarcation Committee duly performed its duty and signed its report where no timely objection as to lack of signatures was raised.
Court orders
#- 1.The Company is to accord formal recognition to the first Union (Kenya Shoe & Leather Workers' Union) as the sole and rightful representative of its unionisable employees
- 2.The parties should sign a formal recognition agreement within two (2) months from the date of the award for purposes of collective bargaining
- 3.The Company is to revoke or rescind forthwith the existing recognition agreement between it and the second Union (Kenya Chemical & Allied Workers Union)
- Jurisdiction invoked
- Reference by the Minister for Labour under Section 8 of the Trade Disputes Act, Cap. 234, with statutory certificate from the Labour Commissioner under Section 14(9)(e)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA SHOE & LEATHER WORKERS’ UNION v UMOJA RUBBER PRODUCTS LTD. [2007] KEELRC 2 (KLR)", Case Analysis (2007). Cause No. 47 of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2007/2/eng@2007-09-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.