Kenya Petroleum Oil Workers Union v Nas Oil Kenya Ltd (Cause E041 of 2024) [2025] KEELRC 107 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's recognition claim because only 8 of 23 employees were members—below the majority threshold the law requires.
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 Claimant has met the threshold for recognition in terms of section 54(1) of the Labour Relations Act
Key legal issues
#Whether the Claimant union met the 50% + 1 simple majority threshold under section 54(1) of the Labour Relations Act
The Claimant did not meet the threshold, having only 8 of 23 unionisable employees (34%) as members, so recognition cannot be compelled
Section 54(1) of the Labour Relations Act mandates recognition only where a union represents a simple majority of unionisable employees. The parties disputed the numbers: the Claimant alleged 9 of 14 employees were members, while the Respondent averred only 8 of 23. The court accepted the Respondent's figures, holding that 8 of 23 amounts to 34%, below the required majority. The suit was therefore premised on a false calculation and was dismissed, with no order as to costs.
Legal principles established
#- An employer shall recognise a trade union for collective bargaining only if that union represents the simple majority of unionisable employees
Court orders
#- 1.The suit is dismissed
- 2.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2) Constitution / Labour Relations Act, 2007 (employment and labour relations jurisdiction; trade union recognition dispute)
Relief refused
#Order compelling the Respondent to sign a recognition agreement / allow the claim with costs
The Claimant's membership of 8 out of 23 unionisable employees fell below the simple majority (50% + 1) required under section 54(1) of the Labour Relations Act
Costs
Each party bears their own costs
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.
It is clear that where a trade union meets the requirement it is to be recognised and proceed to negotiate terms of a collective bargaining agreement.
8 out of 23 unionisable employees is under the Claimant. A simple arithmetic reveals that this is 34% of the unionisable employees thus falling below the threshold of 50% + 1 required for the application of section 54(1) of the Labour Relations Act.
As such the suit is dismissed albeit with an order that each party bears their own costs.
Issues in the judgment
#The judgment does not state the full names/case number of the parties in the caption provided; the claimant and respondent are referred to only as 'the Claimant' and 'the Respondent', and the cause number is not printed
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers Union v Nas Oil Kenya Ltd (Cause E041 of 2024) [2025] KEELRC 107 (KLR)", Case Analysis (2025). ELRC Cause (Memorandum of Claim dated May 13, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/107/eng@2025-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.