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ELRCDismissedNot stated in the judgment· [2022] KEELRC 4148 (KLR)

Kenya Engineering Workers Union v Shamas Motor Parts Limited (Cause E047 of 2022) [2022] KEELRC 4148 (KLR)

Employment and Labour Relations Court
29 September 2022
JRJames Rika
957 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a union's recognition claim because the employer's auto parts retail business fell outside the union's constitutional scope.

What this practically means

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Executive summary

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The claimant union filed a statement of claim on January 27, 2022, asserting it had recruited 74% of the respondent's unionisable employees and sought an order for recognition, deduction and remittance of trade union dues, and commencement of collective bargaining, relying on article 41(5) of the Constitution, sections 48 and 54 of the Labour Relations Act, 2007, and a Ministerial Order of March 31, 1995. The respondent replied that only 54 of its 125 employees had been recruited, that the check-off lists included non-employees, and crucially that it is a retail shop selling motor vehicle parts, outside the industries - general mechanical engineering and metal manufacturing - to which rule 3 of the union's constitution confines its membership. The claim was determined on documents, pleadings, affidavits and submissions. The court held that in view of the respondent's denial, the burden lay on the claimant to establish that the respondent fell within its constitutional areas of representation. There was no evidence of mechanical engineering activity: dictionaries define mechanical engineering as the industrial application of mechanics and production of machinery, and metal manufacturing as production and fabrication of metals. The respondent's employee list revealed no engineering or metal-manufacturing roles; it is a merchant of finished auto parts. The court affirmed that trade unions, while enjoying freedom of association, are bound by their constitutions and can only recruit and represent within those bounds. The claim was declined with no order on costs, dated and released electronically at Nairobi on September 29, 2022, by James Rika, Judge.

Key legal issues

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01

Whether the respondent falls within the scope of industries the claimant may represent under rule 3 of its constitution

Holding

The respondent is a retail shop selling auto parts, not a general mechanical engineering or metal manufacturing business; the claim failed.

Reasoning

Rule 3 restricts the claimant's membership to unionisable employees in general mechanical engineering and metal manufacturing industries. The respondent's employee list showed no engineering or metal-manufacturing roles; it is a merchant of finished auto parts. The claimant adduced no evidence linking the respondent's industry to the union's constitution, and could not claim recognition or dues outside its constitutional mandate.

p. 2
02

Burden of proof on the union to establish entitlement to recognition and check-off

Holding

Once the employer denied falling within the union's representation scope, the union had to prove otherwise.

Reasoning

The respondent asserted it was a retail business outside the union's constitutional scope. That denial placed the evidential burden on the claimant, which led no evidence on the point. Dictionary definitions and the employee list confirmed the respondent was not engaged in mechanical engineering or metal manufacturing. Consequently, the statutory prerequisites for recognition and dues deduction were not satisfied.

p. 2

Legal principles established

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  • Trade unions are bound by their constitutions and may only exercise freedom of association within those constitutional bounds
  • A union claiming recognition bears the burden of proving the employer falls within the representation scope of its constitution

Court orders

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  1. 1.The claim is declined
  2. 2.No order on the costs
Jurisdiction invoked
Article 41(5) of the Constitution and sections 48 and 54 of the Labour Relations Act, 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Engineering Workers Union v Shamas Motor Parts Limited (Cause E047 of 2022) [2022] KEELRC 4148 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4148/eng@2022-09-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.