Kenya Engineering Workers Union v RM Patel & Partners Limited (Cause E027 of 2025) [2025] KEELRC 3766 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Compliance of redundancy notices with section 40(1) of the Employment Act and the CBA
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
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.
Requirement of consultation in redundancy
Consultation is an imperative requirement implicit in section 40(1) of the Employment Act, following Kenya Airways v Aviation & Allied Workers Union
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.
Merits of the Respondent's counterclaim
The counterclaim was dismissed as it disclosed no cause of action; financial distress was not substantiated by evidence
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.
Legal principles established
#- 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
#- 1.The notices of redundancy dated 23rd May 2025 addressed to Ferdinand Otieno and Tom Muga are declared unprocedural and null and void
- 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.The counterclaim discloses no cause of action and is dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.