JUDGMENT
By way of a Memorandum of Claim dated 30th May 2018, the respondent, Kenya Union of Commercial, Food and Allied Workers, claimed that though its Constitution and rules allowed for representation of the employees of the appellant, Cello Thermoware Limited, the appellant had declined to sign a Recognition Agreement with it, notwithstanding that it had fulfilled the requirements set out in section 54 (1) of the Labour Relations Act.
It was the respondent’s case that between June and December 2016, it recruited as union members 30 of the appellant’s unionisable employees, out of a total work force of 42 employees; that this resulted in the respondent attaining a 51% simple majority, and rendered it eligible to enter into a Recognition Agreement with the appellant.
The appellant stated that on 6th July 2016 it sought to have the Recognition Agreement signed on 20th July 2016, but when the respondent’s officials visited the appellant’s office to sign the agreement, they were denied ac…