https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2249

 **REPUBLIC OF KENYA** **IN THE EMPLOYMENT *&* LABOUR RELATIONS** **COURT OF KENYA AT KISUMU** **CAUSE NO. E009 OF 2026** KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS AND HOSPITALS WORKERS (KUDHEIHA WORKERS)....................................................................................**CLAIMANT** **VERSUS** THE BOARD OF MANAGEMENT OF ST. MONICA BONDO KOSIEMO MIXED SECONDARY SCHOOL.……………………..…...**RESPONDENT** **JUDGMENT** 1. Vide a Memorandum of Claim dated 5th January 2026, the Claimant has impleaded the Respondent alleging its failure to remit union dues. It avers that seven of the Respondent’s non-teaching staff joined it by executing Form S check-off forms, which were duly served upon the Respondent in November 2012 and May 2013 for purposes of deduction and remittance of trade union dues. Subsequently, the Respondent commenced deducting and remitting dues as required but stopped in June 2022 despite continuing to make deductions. In view of this the Claimant avers that it demanded remittance of the outstanding dues through correspondences dated 6th September 2022 and 30th September 2022 and, upon the Respondent’s failure to comply, reported the dispute to the Cabinet Secretary for Labour on 2nd August 2024. It avers that a Conciliator was subsequently appointed under section 65 and invited the parties to several conciliation meetings through letters dated 26th September 2024 and 13th January 2025, but the Respondent failed to attend or participate in the process. Consequently, via a conciliation report dated 10th March 2025, the conciliator found that the Respondent had unlawfully failed to remit the deducted union dues from June 2022 and issued a certificate of unresolved trade dispute. 2. The Claimant therefore contends that the Respondent’s conduct violates section 48 of the Labour Relations Act and section 19(4) of the Employment Act. It seeks an order compelling the Respondent to remit all outstanding union dues from June 2022 to the date of filing suit, quantified at Kshs. 90,300/-, to continue remitting union dues as required by law, to bear the costs of the suit, and to desist from intimidating or coercing employees in relation to their union membership. 3. The Respondent did not enter appearance and the claim proceeded undefended. Claimant’s Submissions 1. The Claimant submits that the Respondent is legally bound to deduct and remit trade union dues to the Claimant under section 48 of the Labour Relations Act. It asserts that trade union dues are a statutory subscription payable by union members and that, pursuant to section 48(2), the Cabinet Secretary issued Legal Notice No. 195 of 2018 directing employers with more than five unionisable employees belonging to the Claimant union to deduct and remit union dues. 2. The Claimant submits that the Respondent’s conduct infringes on the rights of its members and contravenes section 19(6) of the Employment Act, which empowers the Court to order an employer who has failed to remit statutory deductions to pay the intended beneficiary from the employer’s own funds. It relies on the conciliator’s report, which found that the Respondent had been remitting union dues from 2012 before unlawfully stopping in June 2022, and recommended payment of the accrued dues from July 2022. The Claimant also relies on **Banking, Insurance and Finance Union (Kenya) *v* Occidental Insurance Company Limited, Cause [2025] KEELRC 3398**, where the Court held that the stoppage of deduction and remittance of union dues without any legal basis is unlawful. 3. On costs, the Claimant submits that the Respondent should bear the costs of the suit because it failed to participate in the statutory conciliation process despite being invited to three meetings and further failed to enter appearance or defend the proceedings before the Court. The Claimant also argues that it was compelled to institute the present claim after all efforts at alternative dispute resolution proved unsuccessful due to the Respondent’s inaction. Accordingly, the Claimant urges the Court to allow the claim as prayed. Disposition 1. The Respondent herein was served with Form S permitting the deduction of union dues. This dispute was reported to the Minister for Labour and Social Protection. A Conciliator was appointed and in the conciliation report indicated an unresolved dispute which was escalated to this Court in terms of the Labour Relations Act. It is clear the Respondent has not effected the deductions prompting this suit. Under section 48 of the Labour Relations Act, trade union dues are a statutory subscription payable by union members. Pursuant to section 48(2), the Cabinet Secretary issues notices for the deductions from time to time. In respect to the Claimant Union, the Cabinet Secretary issued Legal Notice No. 195 of 2018 directing employers with more than five unionisable employees. Upon recruiting the seven non-teaching staff of the Respondent, it was incumbent upon the Respondent upon notification by the Claimant to effect the deductions. 2. It is the finding of the Court that the Claimant has made out a case for the grant of the orders. There has been failure by the Respondent to deduct and remit union dues despite notification by the Claimant. 3. In the final result, I enter judgment for the Claimant against the Respondent as follows: 1. An order do and is hereby issued compelling the Respondent to remit all outstanding union dues from June 2022 to the date of filing suit, quantified at Kshs. 90,300/-, 2. An order do and is hereby issued compelling the Respondent to continue remitting union dues as required by law, 3. An order do and is hereby issued ordering the Respondent to desist from intimidating or coercing employees in relation to their union membership. 4. Costs of the suit. It is so ordered. **Dated 30th July 2026 and delivered at Kisumu this 31st day of July 2026** **Nzioki wa Makau, MCIArb.** **JUDGE**