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ELRCDismissedNot stated in the judgment as provided· [2025] KEELRC 2556 (KLR)

Kenya Electrical Trades and Allied Workers Union v Kenya Electricity Transmission Co Ltd (Cause E1060 of 2023) [2025] KEELRC 2556 (KLR)

Employment and Labour Relations Court
25 September 2025
RSRadido Stephen
1,014 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 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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This is a ruling of the Employment and Labour Relations Court at Meru (Radido Stephen, J) on a Motion dated 30 May 2025 by Kenya Electricity Transmission Co Ltd, the respondent, seeking a stay of execution of orders issued on 22 May 2025 directing the Ministry of Labour to conduct a census to establish the level of union membership, and a stay of proceedings pending an intended appeal. The respondent argued it had filed a Notice of Appeal, had applied without inordinate delay, and would suffer substantial loss because the census would introduce new facts and evidence not existing as of December 2023 when recognition was sought, and contended that unionisation levels could not be determined by balloting or census. The claimant union opposed, relying on authority that stay of proceedings is a grave judicial action with a high and stringent test, and that execution alone does not amount to substantial loss. The court dismissed the Motion. It held that the census order was part of the hearing process, with parties retaining the opportunity to submit on the relevance and weight of the Conciliator's report, rendering claims of substantial loss idle. It stressed that conciliation is statutorily anchored in the Labour Relations Act and that snubbing it contradicts good faith and industrial harmony. It also held that trade union recognition disputes must be determined expeditiously and proportionately in view of employees' rights of association; the dispute had been pending about three years and had been decreed to be heard on a priority basis. The court affirmed census and/or balloting as a long-accepted practice for establishing the simple majority threshold under section 54(1) of the Labour Relations Act, dismissing the respondent's secret-balloting argument as a red-herring. The Motion was dismissed with costs, and the Conciliator was directed to conduct the census within 45 days and file a report to enable directions on a hearing on the merits.

Key legal issues

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01

Stay of execution of the census order

Holding

Refused because the census was part of the hearing process, not execution, and would not negate the essential core of the applicant as successful party in the appeal

Reasoning

The court held the census order was an interlocutory step in the hearing, and parties would still submit on the relevance and weight of the Conciliator's report. Consequently, the claim of substantial loss based on the census introducing new facts was without merit.

p. 2
02

Stay of proceedings pending appeal

Holding

Refused because recognition disputes require expeditious and proportionate determination in view of employees' rights of association and the pending priority-basis direction

Reasoning

The court emphasised statutory anchoring of conciliation in the Labour Relations Act, that snubbing conciliation contradicts good faith and industrial harmony, and that the dispute had been on the docket for about three years, making a stay contrary to the interests of justice.

p. 3
03

Legitimacy of census/balloting in union recognition disputes

Holding

Affirmed as a long-standing practice recognised by the Court for establishing the simple majority threshold under section 54(1) of the Labour Relations Act

Reasoning

The court noted that census and/or balloting has been given judicial imprimatur by the ELRC and its predecessor for recognition disputes, and dismissed the respondent's argument that the mode of conducting a census through secret balloting being undetermined by the Court of Appeal was a red-herring.

p. 3

Legal principles established

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  • A census or balloting is a long-accepted mechanism for establishing whether a trade union has met the simple majority threshold under section 54(1) of the Labour Relations Act
  • An order for a census that is part of the hearing process cannot constitute substantial loss for stay of execution purposes since parties may still submit on the weight of the resulting report
  • Stay of proceedings is a grave judicial action with a high and stringent test

Court orders

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  1. 1.The Motion dated 30 May 2025 is found without merit and is dismissed with costs
  2. 2.The Conciliator is directed to conduct the census within the next 45 days and file a report with the Court to enable the Court give directions on a hearing on the merits

Authorities

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Legislation

  • Labour Relations Actsection 54(1)

Cases cited (2)

  • James Wangalwa & Anor v Agnes Naliaka Cheseto
    (2012) eKLR; also cited as (2012) KEHC 1094 (KLR)
  • Kenya Wildlife Service v James Mutembei
    (2019) KEHC 10478 (KLR)
Jurisdiction invoked
Not expressly invoked; inherent power of the Employment and Labour Relations Court over interlocutory applications in employment disputes

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 Electrical Trades and Allied Workers Union v Kenya Electricity Transmission Co Ltd (Cause E1060 of 2023) [2025] KEELRC 2556 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2556/eng@2025-09-25

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