https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2041

**REPUBLIC OF KENYA** **IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NYERI** **ELRC CAUSE NO. E001 OF 2026** **KENYA UNION OF** **PRE-PRIMARY EDUCATION TEACHERS………………………...CLAIMANT** **VERSUS** **MURANGA COUNTY PUBLIC SERVICE BOARD………...1ST RESPONDENT** **COUNTY SECRETARY** **MURANG'A COUNTY GOVERNMENT…………………….2ND RESPONDENT** **JUDGMENT** 1. The Claimant commenced these proceedings by filing a Statement of Claim dated 31st December 2025 seeking an order to compel the Respondents to commence deducting trade union dues from all its eligible members and to remit the same to its designated bank account. 2. The Claimant avers that it is a duly registered trade union under the Labour Relations Act with the mandate to represent, protect and advance the interests of ECDE teachers in the country. 3. It is the Claimant's case that, by a letter dated 15th December 2025, it requested the 2nd Respondent to commence deducting trade union dues from 221 employees whom it had recruited into membership. In support of the request, it forwarded, among other documents, its certificate of registration, the union dues deduction order issued under Legal Notice No. 160 of 2021, a list of the 221 members and duly executed check-off forms. 4. The Claimant further avers that upon the Respondents' failure to commence the deductions, it reported a trade dispute to the Ministry of Labour and Social Protection for conciliation. 5. According to the Claimant, the Respondents failed to participate in the conciliation process, culminating in the issuance of a Certificate of Unresolved Dispute dated 1st October 2025. 6. It is the Claimant's contention that the Respondents' refusal to deduct and remit trade union dues is in breach of their statutory obligations under Section 48 of the Labour Relations Act. 7. The Respondents opposed the Claim through a Response dated 17th June 2026, which was filed out of time and without leave of the Court. Be that as it may, in the interests of substantive justice and fairness, the Court shall consider the Response. 8. The Respondents contend that there are pending appellate proceedings in ***Nyeri Court of Appeal Civil Appeal No. E109 of 2025, Murang'a County Public Service Board v Kenya Union of Pre-Primary Education Teachers & 4 Others***, in which, among other issues, the Court is called upon to determine the lawful remuneration and benefits payable to Murang'a ECDE teachers, the Claimant's locus standi to represent the said teachers, whether the Respondents employ ECDE teachers or caregivers, the requirement for collective bargaining negotiations between the parties, and the implementation of the salary structure applicable to Murang'a ECDE teachers through the collective bargaining process. 9. The Respondents further aver that on 8th June 2026, the Court of Appeal issued an order maintaining the status quo in the said appeal pending the hearing and determination of the Respondents' application dated 20th March 2026. According to the Respondents, the effect of that order was to preserve the prevailing state of affairs concerning the remuneration of Murang'a ECDE teachers. 10. The Respondents further contend that the Claimant has not satisfied the statutory threshold for recognition by demonstrating that it represents a simple majority of the unionisable employees within the relevant bargaining unit. 11. It is the Respondents' further case that the majority of the persons in their employment are caregivers rather than ECDE teachers. They further contend that none of the alleged ECDE teachers instructed them to deduct trade union dues from their remuneration and that no duly executed check-off forms were submitted in respect of those employees. 12. The Respondents further assert that, at the time the Court of Appeal directed the parties to maintain the status quo, no trade union dues were being deducted from the employees in question. 13. Consequently, the Respondents contend that the Claimant's prayer seeking an order for deduction and remittance of trade union dues is premature, the question whether the alleged ECDE teachers are eligible for membership of the Claimant union being one of the issues pending determination before the Court of Appeal. 14. On 4th May 2026, the Court directed that the matter be determined on the basis of documentary evidence pursuant to ***Rule 59 of the Employment and Labour Relations Court (Procedure) Rules, 2024.*** **Submissions** 1. The Claimant has submitted that Section 48 of the Labour Relations Act is couched in mandatory terms and imposes strict, unambiguous and non-discretionary obligatory requirements upon an employer upon whom check-off forms are served by a trade union. 2. It is the Claimant’s position that it served the Respondents with the requisite check-off forms on 18th December 2023 and therefore it had a crystallized legitimate expectation that such deductions would be made in its favor in the month following the month of receipt of such documents by the Respondents. In support of the Claimant’s position, the case of ***Bakery, Confectionery, Food Manufacturing and Allied Workers Union vs Brava Food Industries Ltd 9Cause No. 431 of 2019)*** was referenced. 3. In the same vein, the Claimant has submitted that it has placed the required materials under Section 48 necessary for the deduction of union dues and, therefore, the Respondents have no reason to refuse to deduct union dues on account of the Recognition Agreement. 4. At the time of writing this judgment, the Respondents' written submissions were not traceable on the Court's online portal (CTS). **Analysis and Determination** 1. Flowing from the record, the Court has isolated the following issues for determination: - 2. ***Whether the pending appeal in Nyeri Court of Appeal No. E109 of 2025, Murang'a County Public Service Board v Kenya Union of Pre-Primary Education Teachers & 4 Others, has any bearing on the present proceedings;*** 3. ***Subject to the determination in (a), whether the Respondents should be directed to deduct and remit trade union dues from their unionisable employees to the Claimant Union.*** **Pending appellate process** 1. The Respondents contend that the order of status quo issued by the Court of Appeal in ***Nyeri Court of Appeal No. E109 of 2025, Murang'a County Public Service Board v Kenya Union of Pre-Primary Education Teachers & 4 Others,*** requires the parties to maintain the prevailing state of affairs regarding the remuneration of ECDE teachers pending the determination of their application dated 20th March 2026. 2. A perusal of the Memorandum of Claim filed herein reveals that the central issue in dispute is the Respondents' alleged failure and/or refusal to deduct and remit trade union dues in respect of the Claimant's members. 3. In their Response, the Respondents aver that the appeal before the Court of Appeal, pursuant to which the order of status quo was issued, concerns the lawful remuneration and benefits payable to Murang'a ECDE teachers, the Claimant's locus standi to represent those teachers in court, whether the affected personnel are teachers or caregivers, the prerequisite of collective bargaining negotiations between the parties, the implementation of the salary structure for Murang'a ECDE teachers through collective bargaining, and the alleged breach of the Public Finance Management Act, 2012 and the Public Finance Management (County Governments) Regulations. 4. With tremendous respect, the Court does not agree with the Respondents' contention that the issues pending before the Court of Appeal have any bearing on the question whether the Respondents are obliged to deduct and remit trade union dues from employees who are members of the Claimant Union. 5. While it is true that the deduction of trade union dues affects an employee's net remuneration, such deductions fall within the category of voluntary deductions contemplated under ***Section 19(1)(g) of the Employment Act.*** They are deductions in which the employer has no direct or indirect beneficial interest and which are made pursuant to the employee's written authority. 6. Consequently, the deduction and remittance of trade union dues bears no nexus to the issues identified by the Respondents as pending before the Court of Appeal, namely *the lawful remuneration payable to the employees, the Claimant's locus standi, the designation of the affected personnel as teachers or caregivers, matters relating to collective bargaining, the implementation of the salary structure, or the alleged breach of the Public Finance Management Act, 2012 and the Public Finance Management (County Governments) Regulations.* 7. Accordingly, the Court finds that the issues awaiting determination before the Court of Appeal are distinct from, and do not have any bearing on, the issues raised in the present proceedings. **Deduction and remittance of trade union dues** 1. The Claimant's case is that, by a letter dated 15th December 2023, it requested the Respondents to commence the deduction and remittance of trade union dues in respect of 221 employees whom it had recruited from the Respondents' workforce. 2. According to the Claimant, the Respondents declined to effect the requested deductions, prompting it to report a trade dispute to the Ministry of Labour and Social Protection, which dispute was subsequently referred to this Court. 3. In support of its claim, the Claimant produced a copy of the letter dated 15th December 2023 addressed to the 2nd Respondent, requesting the deduction and remittance of trade union dues from the 221 employees. The Claimant also annexed a list of the said employees. 4. The Claimant further produced copies of duly executed Form S (check-off forms), through which the employees authorised the deduction of trade union dues and acknowledged their membership in the Claimant Union. 5. Notably, the Respondents have not disputed receipt of the said check-off forms. Their only contention is that there are pending appellate proceedings in which an order of status quo has been issued. 6. The Constitution, the Labour Relations Act and international labour standards recognise and safeguard the freedom of association, which encompasses an employee's right to join or decline to join a trade union. 7. At the constitutional level, ***Article 41(2)(c)*** guarantees every worker the right to form, join or participate in the activities and programmes of a trade union. In addition, ***Article 36(1)*** guarantees the right to freedom of association. 8. The constitutional guarantees set out above are given statutory effect, *inter alia,* through ***Section 4(1) of the Labour Relations Act.*** 9. It therefore follows that the Respondents' employees have a constitutionally and statutorily protected right to join the Claimant Union, and that right cannot be curtailed except in accordance with the law. 10. Upon examining the record before me, I find no evidence to suggest that the employees whose check-off forms were presented did not voluntarily elect to join the Claimant Union or that they subsequently withdrew their membership. 11. Correspondingly, the payment of trade union dues is a statutory obligation attendant upon membership in a trade union. In this regard, ***Section 48(2) and (3) of the Labour Relations Act***provides as follows: **(2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees belonging to the union to: -** **(a) deduct trade union dues from the wages of its members; and** **(b) pay monies so deducted: -** **(i) into a specified account of the trade union; or** **(ii) in specified proportions into specified accounts of a trade union and a federation of trade unions.** 1. ***An employer in respect of whom the Minister has issued an order under subsection (2) shall commence deducting the trade union dues from an employee’s wages within thirty days of the trade union serving a notice in Form S set out in the Third Schedule signed by the employees in respect of whom the employer is required to make a deduction.*** 2. Accordingly, once an employee joins a trade union and signifies that membership by executing the check-off form, the employer is under a statutory obligation to commence the deduction and remittance of trade union dues within thirty (30) days of being served with the duly completed check-off form. 3. In that regard, an employee's execution of the check-off form constitutes the written authority contemplated under ***Section 19(1)(g) of the Employment Act*** for the deduction of trade union dues from the employee's wages. 4. It is also worth noting that the provisions of ***Section 48(3) of the Labour Relations Act*** are couched in mandatory terms, leaving no discretion to an employer as to whether or not to effect the deductions upon being served with the requisite notice. 5. In the present case, the Respondents were served with duly executed check-off forms signed by their employees. They are therefore under a statutory obligation to deduct trade union dues from those employees and remit the same to the Claimant's gazetted bank account in accordance with the Labour Relations Act. **Orders** 1. In the final analysis, the Claimant's Claim dated 31st December 2025 succeeds. Accordingly, the Respondents are directed to forthwith commence the deduction of trade union dues from all their employees who have duly executed the check-off form and acknowledged membership in the Claimant Union, and to remit the said dues to the Claimant's gazetted bank account in accordance with the Labour Relations Act. 2. In view of the nature of the dispute herein, each party shall bear its own costs. **DATED, SIGNED** and **DELIVERED** at **NYERI** this**16th day**of **July** 2026. ……………………………… **STELLA RUTTO** **JUDGE** **In the presence of**: For the Claimant Mr. Opiyo For the Respondent Ms. Munyua Court assistant Ndati **ORDER** In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with **Order 21 Rule 1** of **the Civil Procedure Rules**, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court had been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of **Section 1B** of the **Civil Procedure Act (Chapter 21 of the Laws of Kenya)** which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes. **STELLA RUTTO** **JUDGE**