Kenya Union of Roads Contractors and Civil Engineering Workers v China Road and Bridges Corporation (Cause E376 of 2024) [2025] KEELRC 1000 (KLR)
The bottom line
#Kenya's Employment Court ruled that employers must allow trade unions access to their premises to recruit and organise workers.
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 Respondent's denial of access to the Union is a violation of the law and the Constitution
- 2.Whether the Respondent should be restrained from refusing the Union access to its premises
- 3.Whether the Respondent should allow workers and Union officials to participate in trade union activities under section 4 of the Labour Relations Act and Article 41 of the Constitution
- 4.Whether the Respondent should allow its employees freedom of association by joining the Union of their choice under Articles 36 and 41(c) of the Constitution
Key legal issues
#Whether the Respondent's failure to grant the Union access to its premises violated Article 41 of the Constitution and section 56 of the Labour Relations Act
Yes - the failure to grant access in exercise of the Union's right to organise was declared a violation of Article 41 of the Constitution and section 56 of the Labour Relations Act
The Union wrote to the Respondent on 15 and 25 April 2024 seeking permission to access the premises to talk with workers, but received no response. A Conciliator reported the Respondent ignored cooperation during conciliation. In exercising its right to organise, the employer is obligated to grant access for lawful union activities including recruitment. The Respondent declined access and placed no reasons before the Court.
Whether the Court should grant broad access and recruitment orders despite uncertainty about the status of the project and workers
The Court confined relief to a time-limited access order at the Talanta Stadium site, noting the Union had not disclosed whether the project was complete or the workers still on site
The Court observed that the Respondent was constructing a stadium at the material time, but the Union did not disclose whether the project had been completed or whether the workers sought to be recruited were still on site. This evidential gap informed the limited, 45-day access order rather than the broader orders sought.
Legal principles established
#- An employer is obligated to grant a trade union access to its premises in pursuit of the lawful activities of the Union, including recruitment, under section 56 of the Labour Relations Act and Article 41 of the Constitution
Court orders
#- 1.A declaration that the Respondent's failure to grant the Union access to its premises in exercise of its right to organise is a violation of Article 41 of the Constitution and Section 56 of the Labour Relations Act
- 2.The Respondent is ordered to grant the Union and a Labour Officer designated by the Commissioner for Labour access to its site at Talanta Stadium Ngong Road within the next 45 days to exercise its right to organise
- 3.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 trade disputes; Articles 36 and 41 of the Constitution and the Labour Relations Act, 2007
Relief refused
#Interim relief sought by Motion under certificate of urgency
Dismissed on 21 May 2024 because there was no evidence that the Union had reported a trade dispute to the Ministry of Labour
Order restraining the Respondent from refusing the Claimant access to its premises
The Court instead granted a mandatory access order limited to 45 days; the broader restraints and general orders on workers joining the Union were not granted as prayed
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.
A declaration is hereby issued that the Respondent’s failure to grant the Union access to its premises in exercise of its right to organise is a violation of Article 41 of the Constitution and Section 56 of the Labour Relations Act.
The Respondent is hereby ordered to grant the Union and a Labour Oficer designated by the Commissioner for Labour access to its site at Talanta Stadium Ngong Road within the next 45 days to exercise its right to organise.
In the exercise of its rights to organise under Article 41 of the Constitution, section 56 of the Labour Relations Act obligates an employer to grant access to a trade union in pursuit of the lawful activities of the Union.
Issues in the judgment
#The case number of the Cause is not stated anywhere in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Roads Contractors and Civil Engineering Workers v China Road and Bridges Corporation (Cause E376 of 2024) [2025] KEELRC 1000 (KLR)", Case Analysis (2025). Not stated in the judgment (Cause filed 17 May 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1000/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.