Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment· [2024] KEELRC 1746 (KLR)

Shalimar Flowers Limited v Kenya Plantation and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1746 (KLR)

Employment and Labour Relations Court
9 July 2024
5,758 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

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

#
The Claimant (Shalimar Flowers Limited, through the Agricultural Employers Association) sued to quash the recommendations of Nyandarua conciliator S.N. Kingori dated 23rd November 2023, to declare illegal and strike out a 21-day strike notice issued by the Respondent union on 19th December 2023, and to compel appointment of an impartial conciliator. The dispute concerned withdrawal of transport for the Captain and Mubao routes and payment of housing allowance at municipality rates under the CBA. The Claimant argued the second conciliator was irregularly appointed while M.N. Kirera was still seized of the dispute, that it was denied a fair hearing, and that no deadlock had been recorded under the Recognition Agreement. The Respondent maintained the strike was protected, the Claimant ignored conciliation invitations, and Mahee farm lies within the municipality. The court held that the dispute was lawfully reported to the Minister of Labour, that the first conciliation remained unresolved for over two years so Kirera's appointment lapsed and Kingori's appointment was regular, and that the strike notice followed failed conciliation. On the merits, the court found the Claimant reneged on the CBA transport clause and directed that transport and house allowance issues be resolved per the CBA, with the parties to report back to court within two weeks. The quashing and declaratory reliefs were not granted; no costs order was made. Judgment delivered virtually on 9th July 2024 by Lady Justice Hellen Wasilwa.

Key legal issues

#
01

Validity of the second conciliator's appointment

Holding

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

Reasoning

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.

p. 11
02

Validity of the strike notice

Holding

The strike notice was issued after the trade dispute remained unresolved through conciliation, and the court did not declare it illegal

Reasoning

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.

p. 11
03

Transport and housing allowance entitlements

Holding

The transport and house allowance issues must be resolved as per the parties' CBA, and the Claimant reneged on the agreed transportation provision

Reasoning

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.

p. 11

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. 1.The issue on transport and house allowance should be resolved as per the CBA of the parties
  2. 2.The Claimant to provide adequate logistical safeguards catering for all workers on transportation
  3. 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.