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ELRCPartially AllowedCause (as per pleadings; not stated in judgment)· [2025] KEELRC 3766 (KLR)

Kenya Engineering Workers Union v RM Patel & Partners Limited (Cause E027 of 2025) [2025] KEELRC 3766 (KLR)

Employment and Labour Relations Court
11 December 2025
3,897 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan court voided redundancy notices because the employer never properly notified the union and labour officer one month in advance.

What this practically means

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Executive summary

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The Claimant, a trade union representing engineering sector employees, sued the Respondent employer challenging redundancy notices issued in May 2025. The Claimant contended that an undated general redundancy notice posted on the staff notice board, addressed to all employees and merely copied to the union and Ministry of Labour, violated sections 40(1)(a) and 41 of the Employment Act, Articles 41 and 47 of the Constitution, and the parties' CBA and recognition agreement. It sought declarations of nullity, an injunction against future non-compliant redundancies, and in the alternative damages and CBA benefits. The Respondent defended the notices as proper, alleging service on the union through shop steward Anthony Barasa, and filed a counterclaim seeking declarations that it was in genuine financial distress justifying the redundancies. The court framed four issues and held that the notices were defective: they were undated, addressed to employees rather than to the union and labour officer as section 40(1)(a) requires, and were not properly served on the union - service through the employer's own employee being ineffective. Relying on Kenya Airways v Aviation & Allied Workers Union, the court reaffirmed that consultation is implicit in section 40(1). The notices were declared unprocedural, unlawful, null and void. The alternative compensation prayer failed because the suspension of the notices meant no redundancy took place. The counterclaim was dismissed for want of substantiating evidence and for disclosing no cause of action. Each party was ordered to bear its own costs.

Key legal issues

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01

Compliance of redundancy notices with section 40(1) of the Employment Act and the CBA

Holding

The notices did not comply; they were undated, addressed to employees rather than the union and labour officer, and there was no proper service on the union

Reasoning

Section 40(1)(a) requires notification of the union and labour officer of the reasons for and extent of intended redundancy at least one month before termination. The notice posted was undated and addressed to all employees, only copied to the union and Ministry of Labour. Service through the shop steward was ineffective, and no evidence showed receipt by the Ministry. The CBA also required consultation.

p. 9
02

Requirement of consultation in redundancy

Holding

Consultation is an imperative requirement implicit in section 40(1) of the Employment Act, following Kenya Airways v Aviation & Allied Workers Union

Reasoning

The court adopted the Court of Appeal's holding that notices under section 40(1) are not merely informational; they are meant to enable the parties to discuss and negotiate measures to avert or minimise terminations. The CBA also required that both parties agree before redundancy is effected. No such consultation occurred here.

p. 8
03

Merits of the Respondent's counterclaim

Holding

The counterclaim was dismissed as it disclosed no cause of action; financial distress was not substantiated by evidence

Reasoning

The Respondent alleged cash flow crisis, loss of business and managerial challenges but adduced no evidence to substantiate these claims. The prayers were merely complaints against the Claimant and matters for consultation between the parties, not declarations a court could grant.

p. 10

Legal principles established

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  • Where an employee is a union member, the redundancy notice must be addressed to the union and the labour officer, not to employees generally
  • A redundancy notice must be dated, as the law requires notification at least one month before the redundancy is effected
  • Service of a redundancy notice on a union cannot be effected through the employer's employee (shop steward)

Court orders

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  1. 1.The notices of redundancy dated 23rd May 2025 addressed to Ferdinand Otieno and Tom Muga are declared unprocedural and null and void
  2. 2.The Respondent is at liberty to carry out redundancies provided the same complies with section 40(1) of the Employment Act and the parties' CBA
  3. 3.The counterclaim discloses no cause of action and is dismissed
  4. 4.Each party shall bear its costs
Jurisdiction invoked
Article 162(2) of the Constitution / Employment and Labour Relations Court Act (referenced generally; judgment is a first-instance labour dispute under the Employment Act and Labour Relations Act)

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 Engineering Workers Union v RM Patel & Partners Limited (Cause E027 of 2025) [2025] KEELRC 3766 (KLR)", Case Analysis (2025). Cause (as per pleadings; not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3766/eng@2025-12-11

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