Kenya Union of Commercial, Food and Allied Workers v Mantrack Limited (Cause E196 of 2024) [2024] KEELRC 2166 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the orders sought (compelling the Respondent to forward counter-proposals and initiate negotiations of the 2020-2022 CBA, and directing the Parties to negotiate a CBA within 60 days) are suitable for grant through an interlocutory application
Key legal issues
#Suitability of the relief sought for interlocutory determination
The application was declined; the disputed existence of a Recognition Agreement and the Claimant's representational capacity can only be resolved at trial on evidence
The Respondent disputes any Recognition Agreement, asserting past CBAs were executed through the umbrella employer, Unilever. The Conciliator's certificate showed the Claimant never confirmed receipt of members' resignations or whether it had members at the Respondent, leaving its representational standing unresolved. The Court held such disputed factual matters cannot be determined on affidavit and declined the interlocutory orders.
Legal principles established
#- Orders compelling CBA negotiations cannot be granted interlocutorily where the claimant union's recognition and representational capacity are disputed and require trial of facts
- A CBA is negotiated and executed by a trade union on behalf of an existing and identifiable collective bargaining unit
Court orders
#- 1.The Application dated 13th March 2024 filed by the Claimant is declined
- 2.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the interlocutory application; Practice Direction 6[2] of the Electronic Case Management Practice Directions, 2020 cited for electronic release
Relief refused
#Order compelling the Respondent to forward counter-proposals and initiate negotiation of the 2020-2022 CBA
Orders sought are not suited to interlocutory grant; the status of the Recognition Agreement and the Claimant's representational capacity require trial of facts
Order directing the Parties to negotiate a CBA within 60 days
The Claimant's right to represent employees was unresolved, so CBA negotiation orders could not issue
Costs
Costs in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The orders sought by the Claimant are not suited for grant through an Interlocutory Application.
The status of the Recognition Agreement can only be determined through the trial of facts, not through an Afidavit.
CBAs are negotiated and executed by a Trade Union, on behalf of an existing and identifiable collective bargaining unit.
The Application dated 13th March 2024 filed by the Claimant is declined.
Costs in the cause.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v Mantrack Limited (Cause E196 of 2024) [2024] KEELRC 2166 (KLR)", Case Analysis (2024). Application dated March 13, 2024 (not otherwise numbered in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2166/eng@2024-08-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.