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)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant is entitled to the reliefs sought
Key legal issues
#Whether the claimant is entitled to the reliefs sought
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.
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.
Legal principles established
#- Parties are bound to implement a CBA whose terms were awarded by a judgment of the ELRC
Court orders
#- 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.That upon implementation of the Collective Bargaining Agreements members of staff to start enjoying new salaries for the period 1st October 2019
- 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.That the Respondent to pay costs and interest at court rate from the date of filing the suit herein
- 5.That the cost shall be in claimant favour
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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.
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.
That the Respondent to pay costs and interest at court rate from the date of filing the suit herein.
Issues in the judgment
#Judgment does not state the case number or names of the parties in the text provided; case title inferred from description of parties
Relief (c) refers to calculations dated '15th January 204' - an apparent typographical error for 2024
The prior suit is referred to as ELRC Cause No. E034 of 2022 concluded on 27th October 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.