On the enforceability of Collective Bargaining Agreements: The Case of Kenya Engineering Workers Union v Kenya General Industries Limited

🏛️ Case Brief: KEELRC 13556 — Enforcement of CBAs

Case Name: Kenya Engineering Workers Union v Kenya General Industries Limited
Court: Employment & Labour Relations Court, Mombasa
Citation: Cause E021 of 2023, [2024] KEELRC 13556 (KLR)
Decision Date: 18 December 2024
Judge: M. Mbarũ, J (Full Case available here)

 

1. Parties

• Claimant: Kenya Engineering Workers Union (a registered trade union)
• Respondent: Kenya General Industries Limited (employer)

 

2. Procedural Context

The Union applied for interim relief to prevent execution of orders rendered against it and to challenge dismissal of its suit for failure to rely on a registered CBA.

 

3. Facts

• The Union and Employer had a Recognition Agreement and negotiated at least one CBA.
• A judgment had been issued dismissing the Union’s claim, part of which hinged on the CBA not being registered as required. 
• The Union contended its substantive rights under the CBA were enforceable and binding notwithstanding registration concerns.

 

4. Issues

1.      Can a Court grant interim relief to stay execution of judgment based on alleged CBA enforcement?

2.      Are terms of a negotiated CBA enforceable in the absence of registration?

3.      Does failure to register automatically render a CBA unenforceable?

 

5. Holdings & Reasoning

• The Court dismissed the application in limine, determining the Union failed to present sufficient basis for interim or interlocutory relief .
• It accepted the principle that, per Labour Relations Act, Sections 59–60, a CBA must be in writing, signed, and registered (within 14 days) to attain binding enforceability on parties and employees (Read More).
• Without evidence of a registered CBA, the Court held it could not enforce the instrument.

 

6. Legal Analysis

• The decision affirms statutory requirements: a CBA is not enforceable until prepared, signed by both parties, and registered with the Employment & Labour Relations Court, per Section 60 (Read More). 
• Interim relief in CBA-related disputes demands a practical demonstration of error in judgment, risk of irreparable harm, and that balance of convenience favors the Union — burdens the Applicant failed to meet .

 

7. Significance

• Reinforces that registration is a prerequisite for enforceability of CBAs under Kenyan law.
• Serves as precedent: unregistered CBAs are not enforceable, even if negotiated and signed.
• Offers guidance on interim relief standards in labour disputes — emphasizing strict requirements, especially where a prior judgment exists.

 

8. Aftermath / Related Rulings

• The Court’s reasoning aligns with other decisions like Kenya Engineering Workers Union v Kenya General Industries Ltd (E001 of 2024) (Full Case available here).
• It reflects broader jurisprudence: CBAs become binding only upon registration, confirming obligations extend uniformly to all unionisable employees from execution and registration date (Read More).

 

9. Practical Takeaways

• Union negotiators must ensure timely registration of CBAs to secure enforceability.
• Before seeking interim relief, applicants must demonstrate strong merits, risk of irreparable harm, and a balance in their favor.
• Employers can lawfully dismiss non-registered CBA claims from employees pending registration.

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