Kenya Case Law

Kenya Private Universities Workers Union v United States International University – Africa

Kenya Private Universities Workers Union v United States International University – Africa [2025] KEELRC 2157 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E594 of 2020

Judge

B Ongaya

The court dismissed a union claim over redundancy, salary cuts, and alleged consent breaches, finding the COVID-19 redundancy process lawful and the union had standing to sue.

• Redundancy Procedure
• Trade Union Representation
• Covid19 Employment Measures
• Severance Pay
• Locus Standi
• Collective Bargaining

Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited

Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited [2025] KEELRC 2090 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E060 of 2024

Judge

JK Gakeri

The court dismissed a union’s claim for recognition and union dues after finding it failed to prove the listed workers were the respondent’s employees or that service was effected.

• Union Recognition
• Burden Of Proof
• Service Of Process
• Collective Bargaining
• Union Dues
• Employment Relationship

Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited

Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited [2025] KEELRC 2056 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 7'A' of 2019

Judge

AN Mwaure

The court found that the Respondent was aware of the judgment delivered on 26th June 2024, which required it to recognize the Applicant union and execute a recognition agreement within 30 days. Despite this, the Respondent failed to comply and did not seek to set aside or appeal the judgment. The court held that the Respondent's reliance on procedural technicalities, such as the absence of a formally extracted decree with a penal notice, did not excuse its deliberate non-compliance, especially in light of Article 159(2)(d) of the Constitution, which mandates that justice be administered witho…

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• Contempt Of Court
• Recognition Agreement
• Collective Bargaining
• Enforcement Of Judgments

Kenya Union of Pre-Primary Education Teachers v Meru County Public Service Board & another; Salaries and Remuneration Commission & another (Interested Parties)

Kenya Union of Pre-Primary Education Teachers v Meru County Public Service Board & another; Salaries and Remuneration Commission & another (Interested Parties) [2025] KEELRC 1975 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E014 of 2024

Judge

ON Makau

The court held that the Kenya Union of Pre-Primary Education Teachers had locus standi to bring the suit on behalf of its members, as a recognition agreement is not a prerequisite for representing members in court. The suit was not premature, as the Public Service Commission had declined jurisdiction and the matter involved constitutional rights to fair labour practices and remuneration. The court found that the SRC's advice on remuneration and benefits for ECDE teachers, as conveyed in the letter dated 10th August 2023, is binding on all county governments, including the respondents, and mus…

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• Public Service Remuneration
• Trade Union Locus Standi
• Salary Structures
• Collective Bargaining
• Leave Entitlements

Kenya Hospitals Association t/a Nairobi Hospital v Kenya Medical Practitioners, Pharmacists and Dentists Union & another

Kenya Hospitals Association t/a Nairobi Hospital v Kenya Medical Practitioners, Pharmacists and Dentists Union & another [2025] KECA 1133 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E505 of 2024

Judges

J Mohammed, FA Ochieng, AO Muchelule

The Court of Appeal dismissed an application for stay pending appeal, holding that the applicant had an arguable appeal but failed to show the appeal would be rendered nugatory.

• Recognition Agreement
• Trade Union Majority Threshold
• Exparte Judgment
• Stay Of Execution
• Collective Bargaining
• Setting Aside Judgment

Transport Workers Union (K) v Sanghani & another

Transport Workers Union (K) v Sanghani & another [2025] KEELRC 1779 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E829 of 2024

Judge

S Radido

The court dismissed a union motion for unpaid dues and related orders, holding that an existing recognition agreement with another union made the dispute premature.

• Trade Union Dues
• Recognition Agreements
• Collective Bargaining
• Union Membership
• Conciliation Process
• Trade-union-dues

Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties)

Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) [2025] KEELRC 1637 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E882 of 2021

Judge

SC Rutto

The court rejected a res judicata objection and ordered Apollo Tours & Travel Ltd to deduct and remit union dues for employees who signed check-off forms.

• Trade Union Dues
• Freedom Of Association
• Check Off System
• Collective Bargaining
• Employer Obligations
• Trade-union-dues

Kenya National Private Security Workers Union v Brinks Security Services Limited

Kenya National Private Security Workers Union v Brinks Security Services Limited [2025] KEELRC 1545 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 771 of 2019

Judge

B Ongaya

The court found that the respondent substantially complied with procedural requirements for dismissal under section 41 of the Employment Act. However, for three grievants (CW1, CW2, CW3), the main reason for dismissal was their union activities, which is expressly prohibited as a ground for termination under section 46 of the Employment Act and Article 41 of the Constitution. The respondent failed to prove that the grievants unlawfully used company property or time for union recruitment. The court held that the dismissals of these three grievants were unfair and unlawful. For the other two gr…

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• Unfair Termination
• Trade Union Rights
• Union Discrimination
• Summary Dismissal
• Statutory Deductions
• Collective Bargaining

Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Interested Party)

Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Interested Party) [2025] KEELRC 1482 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 145 of 2018

Judge

HS Wasilwa

The court held the union could represent its members without a recognition agreement, but most claims failed for lack of evidence. Only the Kshs. 1,000 medical refund claim succeeded.

• Trade Union Recognition
• Redundancy Procedure
• Employee Benefits
• Collective Bargaining
• Workplace Deductions
• Trade-union-recognition

Kenya Shoe and Leather Workers Union v Finlay Brushware Ltd

Kenya Shoe and Leather Workers Union v Finlay Brushware Ltd [2025] KEELRC 1528 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E809 of 2024

Judge

S Radido

The court dismissed a union’s claim for recognition after finding it had not proved it met the simple-majority threshold under section 54(1) of the Labour Relations Act.

• Trade Union Recognition
• Union Deductions
• Collective Bargaining
• Labour Relations Act Compliance
• Trade-union-recognition
• Labour-relations-act