Kenya Case Law

Kenya Plantation & Agricultural Workers Union v Rea Vipingo Limited & another

Kenya Plantation & Agricultural Workers Union v Rea Vipingo Limited & another [2025] KEELRC 2098 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E008 of 2025

Judge

M Mbarũ

The court found that the claimant submitted check-off forms for deduction of union dues and agency fees to the respondents on 1 and 3 February 2025. Under section 48(3) of the Labour Relations Act, the respondents had 30 days to commence deductions. The claimant moved to court before this statutory period had lapsed, rendering the application for orders premature. The 1st respondent demonstrated that it began deductions and remittances within the required timeframe, and this was not challenged by the claimant. Regarding the application of the CBA to all employees, including those supplied by…

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• Collective Bargaining Agreements
• Union Dues Deduction
• Outsourced Labour Rights
• Employee Transport Allowance
• Fixed Term Contracts
• Freedom Of Association

Osimbo v Registrar of Trade Unions & another

Osimbo v Registrar of Trade Unions & another [2025] KEELRC 2081 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E001 of 2024

Judge

MA Onyango

The court dismissed a petition seeking to compel action on a proposed trade union, holding the matter was premature because the statutory registration process was not yet complete.

• Trade Union Registration
• Freedom Of Association
• Fair Labour Practices
• Trade-union-registration
• Freedom-of-association
• Fair-labour-practices

Public Transport Operations Union v Union Logistics Limited & another

Public Transport Operations Union v Union Logistics Limited & another [2025] KEELRC 1701 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E047 of 2025

Judge

S Radido

The court dismissed a union’s motion challenging employee suspensions and police reporting over suspected theft, finding no CBA breach or intimidation shown.

• Collective Bargaining Agreements
• Freedom Of Association
• Employee Suspension
• Disciplinary Procedure
• Parallel Investigations
• Alternative Dispute Resolution

Kenya Engineering Workers Union v Masai Cables Limited

Kenya Engineering Workers Union v Masai Cables Limited [2025] KEELRC 1662 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E931 of 2024

Judge

CN Baari

The court dismissed a union’s interim motion to compel dues deduction, recognition, and restraint of resignations, finding no prima facie case or valid recognition agreement.

• Union Recognition
• Deduction Of Union Dues
• Freedom Of Association
• Interim Injunctions
• Union-recognition
• Deduction-of-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 Ideal Security Ltd

Kenya National Private Security Workers Union v Ideal Security Ltd [2025] KEELRC 1377 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 601 of 2016

Judge

JW Keli

The court found that the claimant union had complied with statutory requirements by serving signed check-off forms on the respondent, entitling it to deduction and remittance of union dues from unionisable employees. However, the suit was filed prematurely, before the lapse of the 30-day statutory notice period required under Section 48(3) of the Labour Relations Act. The respondent's allegations of forgery and non-employment of some listed persons were unsupported by evidence. The court held that, as of the date of judgment, the respondent was obligated to deduct and remit union dues for emp…

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• Trade Union Membership
• Union Dues Deduction
• Employee Rights
• Freedom Of Association

Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party)

Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) [2025] KEELRC 1300 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E372 of 2020

Judge

HS Wasilwa

The court held that employer-initiated withdrawal of union membership was unlawful, and ordered restoration of union dues deductions and related relief.

• Trade Union Membership
• Collective Bargaining Agreements
• Freedom Of Association
• Unlawful Termination Of Union Membership
• Trade-union-membership
• Collective-bargaining-agreements

Otieno & 2 others v Attorney General & another; Katiba Institute & 9 others (Interested Parties)

Otieno & 2 others v Attorney General & another; Katiba Institute & 9 others (Interested Parties) [2025] KEHC 8557 (KLR)

Court

High Court

Case number

Petition E519 of 2024

Judge

AB Mwamuye

The court found that several provisions of the Public Benefit Organizations Act, 2013, including mandatory re-registration of NGOs, compulsory federation membership, broad and unsafeguarded disclosure requirements, and the lack of fair hearing in suspension or cancellation of registration, unjustifiably limit constitutional rights to freedom of association, privacy, fair administrative action, and non-discrimination. The court held that these provisions are unreasonable, disproportionate, and lack sufficient justification under Article 24. The composition and appointment processes for the PBO…

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• Freedom Of Association
• Right To Privacy
• Fair Administrative Action
• Judicial Independence
• Non Discrimination
• Regulation Of Public Benefit Organizations

Republic v Counselors & Psychologists Board & 2 others; Ndinda & another (Exparte)

Republic v Counselors & Psychologists Board & 2 others; Ndinda & another (Exparte) [2025] KEELRC 1226 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Application E002 of 2023

Judge

M Mbarũ

The ELRC dismissed a judicial review bid to compel a trade union certificate and quash counsellor registration notices, finding the matter premature and the applicants without standing.

• Trade Union Registration
• Judicial Review Remedies
• Public Participation Requirements
• Statutory Instruments
• Freedom Of Association
• Trade-union-registration

Mutura v Director of Criminal Investigations & 3 others

Mutura v Director of Criminal Investigations & 3 others [2025] KEHC 7929 (KLR)

Court

High Court

Case number

Petition E167 of 2022

Judge

AB Mwamuye

The court found that the respondents acted within their constitutional and statutory mandates in investigating, arresting, and charging the petitioner following a formal complaint of abuse of office and fraud. The petitioner was informed of the reasons for his arrest, as evidenced by the signed charge and cautionary statement, and the arrest was based on reasonable and probable cause. There was no evidence of arbitrariness, malice, or violation of the petitioner's constitutional rights. The court emphasized that independent offices such as the DPP and Inspector General are not subject to judi…

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• Arrest And Detention
• Right To Fair Trial
• Abuse Of Office
• Freedom Of Association