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Kenya decisions
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Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited [2025] KEELRC 1469 (KLR)
The Employment and Labour Relations Court dismissed a union’s urgent motion for interim orders, finding no sufficient evidence of victimization or intimidation of its members.
Kenya National Private Security Workers Union v Ideal Security Ltd [2025] KEELRC 1377 (KLR)
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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Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) [2025] KEELRC 1300 (KLR)
The court held that employer-initiated withdrawal of union membership was unlawful, and ordered restoration of union dues deductions and related relief.
Kenya Union of Entertainment & Music Industry Employees v Regency Slots Ltd [2025] KEELRC 1248 (KLR)
The court found that the Claimant legitimately recruited 87 employees from the Respondent's workforce and duly notified the Respondent by delivering the full list of recruited members on 20th December 2023. The Respondent's allegations of fraud in the recruitment process were unsupported by cogent evidence, as only two employees testified to disown their signatures and no forensic or police evidence was produced. However, the court held that, under section 48 of the Labour Relations Act, the obligation for the Respondent to deduct and remit union dues only arises upon issuance and service of…
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Kenya Union of Commercial Food and Allied Workers v Jiinuee Group of Companies [2025] KEELRC 1180 (KLR)
The court dismissed a union claim for unfair termination and employment dues, finding the grievants were chama members, not employees of the respondent.
Kenya Union of Commercial, Food and Allied Workers v Gusii Water & Sanitation Company [2025] KEELRC 1014 (KLR)
The court allowed review of its earlier judgment after finding both parties withheld material facts about union membership and recognition agreements.
Mutuku & 2 others v Registrar of Trade Union & 2 others [2025] KEELRC 278 (KLR)
The court struck out a constitutional petition, holding it was really a labour dispute and should have been pursued under statute, not constitutional litigation.
Kenya Private Universities Workers Union v Islamic University of Kenya [2025] KEELRC 252 (KLR)
An employer is legally mandated to deduct and remit union dues for employees who have signed check-off forms, and must grant reasonable access to union representatives for recruitment purposes, provided such access does not unduly disrupt operations.
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Kenya Union of Road Contractors & Civil Engineering Workers v Pride Enterprises Limited [2025] KEELRC 43 (KLR)
The court found that the Claimant failed to provide sufficient evidence to prove that the Respondent's employees had registered as its members and that the necessary documents, including Gazette Notice No. 159 and Form S, were properly served on the Respondent. The absence of a witness statement or oral testimony from the Claimant was not fatal, as documentary evidence could suffice, but in this case, the evidence was inadequate to establish union membership or compliance with statutory requirements for deduction of union dues. The court held that a recognition agreement is not required for d…
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Kenya County Government Workers Union v County Government of Narok & another [2024] KECA 1843 (KLR)
The Court of Appeal held that the preliminary objection raised by the respondents was properly grounded on a pure point of law, specifically the interpretation of the Wildlife Conservation and Management Act regarding the exclusion of rangers from trade union membership. The court found that the determination did not require the resolution of contested facts, as the legal status of rangers under the Act was clear from the pleadings and statutory provisions. The trial court correctly applied the principles governing preliminary objections, and there was no basis to interfere with its finding.…
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