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Kenya Tea Growers Association v. Kenya Plantation & Agricultural Workers Union

(2018) JELR 99906 (CA)

Court of Appeal  •  Civil Appeal 207 of 2017  •  16 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Fair labour practices continue to receive recognition and protection as fundamental rights and freedoms under Article 41 of our Constitution. Minimum standards are set out thereunder to promote the realization of those rights by both the employer and employee whose relationship is generally governed by the terms of an employment contract. In particular Article 41(5) recognizes the contractual freedom of an employee under the umbrella of a union and an employer either on its own or through an employer’s organization to engage in negotiations regarding terms and conditions of employment. An agreement towards that end is what is referred to as Collective Bargaining Agreement (CBA). See Section 2 of the Labour Relations Act (LRA).

2. The essence of a CBA is that the terms and conditions therein are voluntarily agreed upon between the employer and the union. This much was appreciated by this Court in Teachers Service Commission (TSC) v. Kenya Union of Teachers (KNUT)…

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