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ELRCPartially AllowedCause No. E001 of 2024 (formerly Cause No. E457 of 2022, Nairobi)

Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Designs Workers Union v Comply Industries Limited (Cause E001 of 2024) [2025] KEELRC 1578 (KLR)

Employment and Labour Relations Court
30 May 2025
1,811 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Claimant Union sued on behalf of 15 former Employees of a timber business, claiming that their termination on account of redundancy was not accompanied by payment of redundancy benefits, and alleging that the redundancy was engineered to reduce unionisable numbers below the recognition threshold. The Respondent, through a Statement of Response drawn and signed by its Personnel Manager Nicodemus Musyoka, admitted the Employees left on genuine redundancy following a Government ban on logging, computed their terminal dues, and contended it recognized a rival union with a executed CBA, challenging the Claimant's locus standi. A prior Ruling of the Court delivered on 20th September 2024 had affirmed the Union's capacity to prosecute the Claim; that Ruling was not appealed. Evidence showed conciliation at the Labour Office recommended payment of notice, severance and pending leave; for George Oluoch Omiena, whose dispute was reported separately, and substantially the same items were offered to the other 14 Employees. The court found the Respondent was ready to pay but was held back by the belligerency of the Claimant Union's officials, who disrupted conciliation over their recognition grievance. The Claimant pleaded no specific figures and offered no alternative computation. The court held the claim need not have gone to trial given the admission, declared the redundancy genuine, and entered judgment for the Employees' terminal benefits as computed in the Statement of Response (and as recommended by the Conciliator for Omiena), payable within 14 days with default interest at court rate. Broader prayers for reinstatement, unfair termination compensation and damages were not granted, and no order was made on costs.

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 Union has locus standi to present the Claim on behalf of the 15 Employees
  2. 2.Whether the Employees' contracts were terminated fairly on account of redundancy
  3. 3.Whether the Employees merit the prayers sought

Key legal issues

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01

Locus standi of the Claimant Union

Holding

The Claimant Union has capacity to file and prosecute the Claim on behalf of its members, as already determined in an unappealed Ruling of 20th September 2024

Reasoning

A prior Ruling of the same Court, delivered at the Respondent's own invitation, affirmed the Union's capacity to represent the 15 Employees. The Respondent did not appeal that Ruling, so continuing to contest locus standi in closing submissions was pointless. The issue stood resolved preliminarily and the court declined to revisit it.

p. 4
02

Fairness of the redundancy terminations

Holding

The redundancies were genuine; the Employees left employment on account of a bona fide redundancy arising from the Government ban on logging

Reasoning

Both parties did not dispute the genuineness of the redundancy situation. The Respondent's timber business was adversely affected by the logging ban. The dispute went through conciliation, where the Conciliator recommended payment of notice, severance and pending leave, mirroring the Respondent's own computations. The delay in settlement was attributed to the Claimant Union's officials disrupting the conciliation process over the unrelated recognition grievance.

p. 3
03

Terminal dues payable

Holding

Judgment entered as admitted: notice, severance and pending annual leave per the Respondent's computations for 14 Employees, and per the Conciliator's recommendations for George Oluoch Omiena

Reasoning

The Respondent's Statement of Response conceded terminal dues and contained computations. The Claimant offered no alternative computation and pleaded no specific figures. The Conciliator had recommended identical heads for Omiena, whose dispute was reported separately. The court therefore adopted the admitted computations rather than the broader prayers for unfair termination compensation and damages.

p. 4

Legal principles established

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  • A concession in a Statement of Response can found judgment without full trial
  • An unappealed interlocutory ruling affirming a union's capacity to sue concludes the locus standi issue

Court orders

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  1. 1.Judgment entered for the Claimant as admitted by the Respondent in the Statement of Response dated 18th March 2022
  2. 2.Declaration that the Employees left employment on account of a genuine redundancy situation
  3. 3.Respondent to pay the 14 Employees terminal benefits as computed in the Statement of Response, comprising notice, severance and pending annual leave
  4. 4.George Oluoch Omiena to be paid terminal benefits as recommended by the Conciliator, comprising notice, severance and pending annual leave days
  5. 5.No order on costs
  6. 6.Amounts to be paid within 14 days of the Judgment, in default interest to accrue at court rate from the date of Judgment till payment in full

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 Employment Act and Labour Relations Act (dispute reported to and through conciliation at the Labour Office)

Relief refused

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Reinstatement of the 15 Employees

The Employees left on genuine redundancy and the Respondent admitted terminal dues; reinstatement was not granted, judgment being on admitted computation

p. 4

Compensation for unfair termination and damages for suffering

Redundancy was genuine and undisputed; no evidence of specific alternative figures pleaded by the Claimant

p. 4

Costs of the Claim

Court made no order on costs

p. 5

Costs

No order on the costs (each party to bear its own costs); payment of terminal benefits within 14 days, failing which interest at court rate from date of Judgment till payment in full

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 is ordered: a. Judgment is entered for the Claimant as admitted by the Respondent in the Statement of Response dated 18th March 2022.
p. 4disposition - judgment on admission
The Respondent shall pay to the 14 Employees’ terminal benefits as computed in the Statement of Response dated 18th March 2022, comprising notice, severance and pending annual leave.
p. 4terminal benefits for the 14 Employees
George Oluoch Omiena, the 15th Employee shall similarly be paid terminal benefits as recommended by the Conciliator, comprising notice, severance and pending annual leave days.
p. 5terminal benefits for the 15th Employee
No order on the costs.
p. 5costs
The said amounts to be paid to the Employees within 14 days of this Judgment, in default, interest to accrue at court rate, from the date of Judgment till payment in full.
p. 5payment timeline and default interest
It is declared that the Employees left employment on account of a genuine redundancy situation.
p. 4declaration of genuine redundancy

Issues in the judgment

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minor

Statement of Response dated 18th March 2022 predates the Statement of Claim dated 29th June 2022, an internal chronological inconsistency in the judgment

minor

Judgment inconsistently names the same Employee as George Omiena and George Oluoch Omiena

minor

Case number registration inconsistent across the record; court confirmed E001 of 2024 as correct

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 Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Designs Workers Union v Comply Industries Limited (Cause E001 of 2024) [2025] KEELRC 1578 (KLR)", Case Analysis (2025). Cause No. E001 of 2024 (formerly Cause No. E457 of 2022, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1578/eng@2025-05-30

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