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…It is the Claimant’s case that vide a letter dated 25th July 2017, it forwarded a copy of the recognition agreement to the Respondent, and proposed a meet-up on 6th September 2017, with the view of signing the recognition…

…It is the Claimant’s submission that the parties herein, entered into a recognition agreement which was to pave way for the CBA negotiations. 18.…

…The Claimant herein filed a Memorandum of Claim dated 24th September 2018, seeking recognition by the Respondent. 2.…

…Whether the Claimant has met the threshold for recognition by the Respondent Whether the Respondent defended this suit 31.…

…Section 2 of the Labour Relations Act defines a recognition agreement as an agreement in writing between a trade union and an employer regulating the recognition of the trade union as the representative of the interest of…

…Recognition confers legitimacy and determines the scope of a trade union’s activities in the work place. 40.…

…For determination herein, is the 1st and 3rd Respondents’ Notice of Preliminary Objection dated 7th July, 2023, seeking the striking out of the Claimant’s claim on the basis that the parties herein do not have a recognition…

…It is Counsel’s further argument that the Respondents refused to sign a recognition agreement with the Claimant union and hence the reason, there does not exist a recognition agreement between them and the Respondents. 5.…

…The Claimant submits that the Respondent has contravened Section 54(1) and (3) of the Labour Relations Act by refusing to sign a Recognition Agreement. 19.…

…Once this condition is met recognition is mandatory.” 30.…

…The Honourable Court to be pleased to issue interim orders against the Respondent to sign the recognition Agreement between the Respondent and the Applicant/Claimant union v.…

…The Claimant union has not led any evidence to prove existence of a valid recognition agreement between itself and the Respondent.…

…In the claim herein, the Claimant seeks that the Respondents be compelled to sign a Recognition Agreement, deduct union dues and/ or pay union dues owed to it with their own money. 3.…

…The Claimant’s suit concerns recognition and deduction and remission of union dues.…

…It is its further submission that the Claimant and the Respondent do not have a recognition agreement and that Section 54 of the Labour Relations Act requires that an employer enters into a recognition agreement with a trade…

…That the Respondent be bound to sign a recognition agreement with the Claimant union. 61.…

…with the Respondent and even where such recognition is lacking; there is no CBA between the parties to regulate terms and conditions of work.…

…The Respondent has vehemently denied having a recognition agreement with the Claimant. The Claimant has not placed before court either the CBA or a recognition agreement between itself and the Respondent. 17.…

…Under Section 54(5) of the Labour Relations Act, an employer has a right to apply to the National Labour Board or seek an order of the court for de-recognition of a trade union, and which de-recognition effectively terminates…

…the recognition agreement. 23.…

…The Claimant states that despite meeting the required threshold for recognition, it was unfairly and unlawfully denied recognition.…

…It further contends that submitting a list of alleged union members does not, by itself, create a legal obligation to grant recognition, nor can recognition be compelled by the court. 33.…

…Whether the Recognition Agreement and CBA between the parties remain valid 49.…

…The Claimant’s position is that a Recognition Agreement dated 1st January 2009 exists between the parties as the same has never been revoked.…

…The Applicant avers that the proceedings were initiated without including it, despite its significant stake in a dispute over union dues deductions under its Recognition Agreement.…

…It maintains that the matter does not involve recognition agreements or union demarcation, and that the Applicant has not shown that the affected employees are its members. 20.…

…The Respondent states that the Claimant has already filed a Memorandum of Claim seeking recognition and enforcement of the Angolan Judgment, and it has filed a Memorandum of Response opposing the same on the grounds that…

…From the pleadings, the affidavits on record, and the parties’ submissions, the singular issue that arises for determination is whether the Claimant’s Notice of Motion is procedurally competent for purposes of recognition…

…The Claimant is a registered trade union operating within the Republic of Kenya and holding a valid recognition agreement with the Respondent herein.…

…It is evident that the parties herein have a valid recognition agreement, and there is also no denying that the parties had a running CBA as at the time of filing this suit. 18.…

…lacks jurisdiction to hear and determine the same in accordance with Article 162(a) of the Constitution and Section 12 (1)(a)-(j) of the Employment and Labour Relations Court Act, and secondly, that the claim seeks the recognition…

…It is the Respondent’s submission that the claim has to be filed before the High Court because whereas the Foreign Judgment arises from an employment-related dispute, the recognition and enforcement are not inherently an…

…The Respondent submits that there was no correspondence relating to signing of a recognition agreement and neither was the recognition agreement produced in court.…

…The Respondents again argue that there was no correspondence relating to signing of a recognition agreement between them and the Claimant, and neither was the recognition agreement produced in court.…

…It argues that the refusal to register the CBA in ELRC CBA No. 34 of 2020 was based on the existence of a prior recognition agreement and CBA with NUWASE, rather than a lack of capacity or locus. 15.…

…Representation, it argues, depends on the recruitment of members and the attainment of the statutory threshold for recognition. 22.…

…The 2nd Respondent submits that the Claimant lacks locus standi to bring this claim, since it has no recognition agreement and or collective bargaining agreement between it and the 1st Respondent.…

…The Claimant union’s position is that it has a valid Recognition Agreement with the Main Employer and that both parties have negotiated several collective Bargaining Agreements (CBAs).…

…The complainant and his family knew this appellant and Moses Oroko and so strictly speaking this was a case of recognition and not identification. Mr Obura accepted.…

…He was careful to point out that he was treating the recognition of the appellant Benson and Moses Oroko from a legal point of view, namely, that while the evidence of recognition might be right, it would only be safe to…