Shalimar Flowers Limited v Kenya Plantation and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1746 (KLR)
The bottom line
#A Kenyan employment court declined to block a flower farm union's strike notice and ordered the employer to honour transport and housing commitments in their collective bargaining agreement.
What this practically means
#Executive summary
#Key legal issues
#Validity of the second conciliator's appointment
The appointment of S.N. Kingori as second conciliator was regular since the dispute before the first conciliator (Kirera) was never resolved and the matter remained unresolved for over two years
The court traced the chronology of conciliation meetings before Kirera from 2020 to March 2022 without resolution. Section 67 of the Labour Relations Act requires a dispute to be resolved within thirty days or an agreed extended period. Because the matter was unresolved for over two years, Kirera's appointment lapsed, permitting a fresh appointment. The Claimant's failure to attend Kingori's meetings forfeited its chance to query her appointment.
Validity of the strike notice
The strike notice was issued after the trade dispute remained unresolved through conciliation, and the court did not declare it illegal
The dispute was reported to the Minister of Labour as required by law; two conciliators attempted resolution without success and recommendations went unimplemented. The Claimant declined to attend the second conciliator's meetings. Out-of-court settlement attempts ordered by the court from January to June 2024 also bore no fruit, so the court treated the conciliation route as exhausted.
Transport and housing allowance entitlements
The transport and house allowance issues must be resolved as per the parties' CBA, and the Claimant reneged on the agreed transportation provision
Clause 36 of the agreement produced in court provided that the company shall provide a bus to ferry workers to and from work. The court read this as an agreed transportation obligation which the Claimant reneged on, requiring adequate logistical safeguards for all workers. The CBA was not fully exhibited, so the court directed the parties to resolve the issues per the CBA and report back within two weeks.
Legal principles established
#- A trade dispute is deemed unresolved after conciliation where the conciliator issues a certificate to that effect or the thirty-day period from appointment of the conciliator expires
- Where a first conciliation remains unresolved for over two years, the conciliator's appointment lapses and a fresh conciliator may properly be appointed
Court orders
#- 1.The issue on transport and house allowance should be resolved as per the CBA of the parties
- 2.The Claimant to provide adequate logistical safeguards catering for all workers on transportation
- 3.The parties to resolve the house allowance issue and report back to court their resolutions within 2 weeks
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over trade disputes (Labour Relations Act); no specific constitutional/statutory basis for the court's jurisdiction is cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shalimar Flowers Limited v Kenya Plantation and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1746 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1746/eng@2024-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.