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ELRCAllowedNot stated in the judgment

Kenya Union of Commercial, Food and Allied Workers v Kangunu Farmers Society Limited (Employment and Labour Relations Cause E035 of 2024) [2025] KEELRC 1325 (KLR)

Employment and Labour Relations Court
9 May 2025
775 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Employment Court ordered Mwea Farmers Cooperative Society to implement signed salary CBAs and pay workers over KSh 1.5 million in arrears.

What this practically means

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Executive summary

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The claimant, a registered trade union, and the respondent, a farmers Cooperative Society, had a recognition agreement and had concluded CBAs. By a judgment dated 27th October 2023 in ELRC Cause No. E034 of 2022, the court awarded salary increases of 6.5% for 2016-2018 and 6.5% for 2018-2020. The parties signed the two CBAs on 23rd November 2023, and the claimant forwarded arrears calculations to the respondent on 15th January 2024. On 17th January 2024 the respondent refused to implement the new salaries. A trade dispute lodged at the Ministry of Labour failed owing to the respondent's non-cooperation, prompting this suit seeking implementation of the CBAs, payment of new salaries effective 1st October 2019, arrears of Kshs.1,507,963.20 payable within thirty days, interest, and costs. The respondent was served but did not enter appearance or defend, and the suit proceeded by formal proof on 13th January 2025 with the claimant's Murang'a Branch Secretary, Ms Monicah Muthoni Kiarie, testifying as CW1. The court framed a single issue: whether the claimant was entitled to the reliefs sought. Noting the prior judgment and the signed CBAs, and that the respondent did not dispute the claim, the court held the respondent bound to implement the CBAs. Judgment was entered for the claimant in terms of the reliefs sought, with costs and interest at court rates from the date of filing. The judgment was delivered via Teams with the parties' consent, waiving Rule 28(3) of the ELRC Procedure Rules.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant is entitled to the reliefs sought

Key legal issues

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01

Whether the claimant is entitled to the reliefs sought

Holding

Judgment entered for the claimant directing implementation of the two CBAs, payment of new salaries and arrears of Kshs.1,507,963.20 within thirty days, with costs and interest.

Reasoning

There was a prior judgment of the ELRC dated 27th October 2023 awarding salary increments of 6.5% under the 2016-2018 and 2018-2020 CBAs. The parties signed the CBAs on 23rd November 2023 and the claimant forwarded arrears calculations. The respondent, though served, did not enter appearance or dispute the claim. Uncontroverted, the claimant was entitled to the orders sought.

p. 2

Legal principles established

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  • Parties are bound to implement a CBA whose terms were awarded by a judgment of the ELRC

Court orders

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  1. 1.That the Respondent is ordered to implement the Collective Bargaining Agreements and pay the new salaries with immediate effect as per the schedules dated 15th January 2024 which were received by the Respondent on 16th January 2024 and marked as App 6(a) herein
  2. 2.That upon implementation of the Collective Bargaining Agreements members of staff to start enjoying new salaries for the period 1st October 2019
  3. 3.That the Respondent upon implementation of the Collective Bargaining Agreements 2016/2018 and 2018/2020 to pay the staff arrears of Kshs.1,507,963.20 as a result of the four years' increment and as per the calculations dated 15th January 2024 and marked App 6(b) herein within thirty days from the date of the judgment
  4. 4.That the Respondent to pay costs and interest at court rate from the date of filing the suit herein
  5. 5.That the cost shall be in claimant favour

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Labour Relations Act and ELRC Procedure Rules (specific provision not cited in the judgment)

Quotable passages

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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 follows that the respondent is bound to implement the CBA in line with the said judgment.
p. 2Binding effect of CBA implemented pursuant to court judgment
That the Respondent upon implementation of the Collective Bargaining Agreements 2016/2018 and 2018/2020 to pay the stafi arears of Kshs.1,507,963.20 as a result of the four years’ increment and as per the calculations dated 15th January 2024 and marked App 6(b) herein within thirty days from the date of the judgment.
p. 2Final orders - arrears payable within thirty days
That the Respondent to pay costs and interest at court rate from the date of filing the suit herein.
p. 2Final orders - costs and interest

Issues in the judgment

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minor

Judgment does not state the case number or names of the parties in the text provided; case title inferred from description of parties

minor

Relief (c) refers to calculations dated '15th January 204' - an apparent typographical error for 2024

minor

The prior suit is referred to as ELRC Cause No. E034 of 2022 concluded on 27th October 2023

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Commercial, Food and Allied Workers v Kangunu Farmers Society Limited (Employment and Labour Relations Cause E035 of 2024) [2025] KEELRC 1325 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1325/eng@2025-05-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.