Communication Workers Union of Kenya v Speedaf Logistics Kenya [2026] KEELRC 79 (KLR).
The Claimant sought a court declaration of simple majority representation to compel the Respondent into a Recognition Agreement and collective bargaining. They further challenged the legality of fixed-term contracts, alleging an unlawful conversion from permanent terms designed to frustrate union activities. As Counsel for the Respondent, we argued that the Claimant failed to meet the 50% plus one membership threshold required by Section 54(1) of the Labour Relations Act. We demonstrated that the company was undergoing a legitimate redundancy exercise due to a franchise model transition and that employees were on lawful fixed-term contracts that had expired and were renewed accordingly.
The Court upheld our position, finding that after accounting for 14 redundant members and 2 resignations, the Union’s representation was only 35%, falling short of the legal “simple majority”. On the legality of contracts, the Court ruled that fixed-term arrangements are a recognized form of employment and, absent evidence of prior permanent status, the Respondent acted within its rights. Ultimately, the claim was dismissed in its entirety with no order as to costs.
Highlight The Court confirmed that the Union failed to achieve the mandatory “simple majority” for recognition, as its membership representation stood at only 35% after arithmetically accounting for redundancies and resignations. The Respondent’s restructuring and redundancy processes were validated as legitimate exercises of commercial judgment necessitated by a transition to a franchise model. Furthermore, the Court affirmed that fixed-term contracts are a lawful form of employment under the Employment Act and rejected the Claimant’s “conversion” allegations due to a total lack of evidence of prior permanent status. By successfully challenging the Claimant’s figures and proving procedural compliance, we secured a total dismissal of the suit.