Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
IndustrialOtherCause 82 of 2007· [2007] KEIC 7 (KLR)

Kenya Engineering Workers Union v Hans Kenya Ltd (Cause 82 of 2007) [2007] KEIC 7 (KLR)

Industrial Court at Nairobi
16 October 2007
CCCharles P. ChemmuttutOWO.A. WafulaJKJ.M. Kilonzo
584 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

When a union's claim to majority support was disputed, Kenya's Industrial Court ordered a supervised secret ballot of employees to settle the recognition fight fairly.

What this practically means

#

Executive summary

#
This is an interim award of the Industrial Court at Nairobi in a trade dispute referred to it on 19 May 2007 by the Minister for Labour and Human Resource Development under Section 8 of the Trade Disputes Act, Cap. 234, accompanied by a statutory certificate from the Labour Commissioner under Section 14(9)(e). The issue in dispute was the employer Hans Kenya Ltd's refusal to sign a Recognition Agreement with the Kenya Engineering Workers Union. Memoranda were filed by the parties in August 2007, and on 12 September 2007 the hearing was adjourned to allow settlement negotiations. When the matter resumed on 2 October 2007, counsel for the parties (Messrs Omolo and Kamau) jointly agreed that a secret ballot was necessary to establish the exact and true wishes of the unionisable employees and whether the Union had a bona fide simple majority among them. The Court concurred and, in its interim award dated 16 October 2007, directed Mr. Benson Okwayo of the Economic Planning Division to conduct a secret ballot, with reasonable access to all unionisable employees excluding casual workers, supervised by both parties' representatives, the Registrar of the Court or his representative and the Labour Officer, Industrial Area Office or his/her representative. The exercise was to be completed within one month, with the Court to deliver its final decision immediately upon receipt of the results. No final determination on the recognition agreement was made in this award, and no costs order was issued.

Key legal issues

#
01

Determination of union membership majority for recognition purposes

Holding

The Court adopted a secret ballot, supervised jointly by the parties and Court/Labour officials, as the appropriate mechanism to establish the exact and true wishes of the unionisable employees and whether the Union commands a simple majority

Reasoning

On 2 October 2007 counsel for both parties jointly agreed that a secret ballot was necessary to establish the true wishes of the unionisable employees regarding Union membership. The Court concurred, directing an independent officer of the Economic Planning Division to conduct the ballot with reasonable access to all unionisable employees, excluding casual workers, in the presence of both parties' representatives, the Registrar of the Court and the Labour Officer, Industrial Area. The final decision on the recognition dispute was deferred until the ballot results were received.

p. 2

Legal principles established

#
  • Where the bona fide simple majority of a union seeking recognition is in doubt, the Industrial Court may direct a secret ballot of the unionisable employees to ascertain their true wishes before making a final determination

Court orders

#
  1. 1.Interim award directing Mr. Benson Okwayo of the Economic Planning Division to conduct a secret ballot of the unionisable employees (excluding casual workers), in the presence of both parties' representatives, the Registrar of the Court or his representative, and the Labour Officer, Industrial Area Office or his/her representative, to establish their wishes regarding Union membership and whether the Union has a simple majority
  2. 2.The secret ballot exercise to be completed within one (1) month from the date of the interim award
  3. 3.The Court to announce or make its final decision immediately on receipt of the results of the secret ballot
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (reference by the Minister for Labour and Human Resource Development), with statutory certificate under Section 14(9)(e)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Engineering Workers Union v Hans Kenya Ltd (Cause 82 of 2007) [2007] KEIC 7 (KLR)", Case Analysis (2007). Cause 82 of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2007/7/eng@2007-10-16

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