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Kenya decisions
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Kenya Union of Commercial, Food and Allied Workers v Laxmi Hardware Limited [2025] KEELRC 2090 (KLR)
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.
Njoroge (On Her Behalf and on Behalf of 93 others) & another v Zena Roses Limited [2025] KEELRC 2105 (KLR)
The court found that while the claimants' strike was motivated by delayed salary payments—a legitimate employment concern—the procedural requirements for a protected strike under Section 76 of the Labour Relations Act were not met. Specifically, the dispute was not referred to conciliation and no seven-day written strike notice was issued. As such, the strike was unprotected, entitling the respondent to take disciplinary action under Section 80. The court further determined that the respondent complied with procedural fairness by issuing show cause letters and providing an opportunity for a d…
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Kenya National Union of Service Employees v One Facility Management [2025] KEELRC 1671 (KLR)
The court dismissed a union’s claim for deduction and remittance of union dues, finding the claimant failed to prove the workers were still employed by the respondent.
Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd [2025] KEELRC 1503 (KLR)
The court found the union failed to prove the full amount of unpaid dues, but ordered the employer to compute and pay outstanding unremitted union dues and costs.
Kenya Engineering Workers Union v Metalart Engineers Limited [2025] KEELRC 944 (KLR)
The Employment and Labour Relations Court dismissed a union’s claim for lack of evidence after the union failed to call witnesses to support allegations on union dues and redundancy.
Kenya National Union of Nurses v Kiambu County Public Service Board & another [2025] KEELRC 553 (KLR)
The Court issued directions on a nurses union dispute, ordered amendment of pleadings, conciliation, and continuation of union dues deductions.
Thuo & 4 others v Kenya Union of Commercial Food and Allied Workers; National Hospital Insurance Fund & another (Interested Parties) [2025] KEELRC 279 (KLR)
The Petition was struck out because the court found that the union had followed the lawful procedure for amending its constitution and increasing union dues, the relief sought was time-barred and the Petition was moot due to the disbandment of the employer and the consequent cessation of the employment relationship and union membership of the Petitioners.
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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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Tailors & Textile Workers Union v Royal Apparels EPZ Ltd [2025] KEELRC 7 (KLR)
The claimant union withdrew its employment cause before hearing, and the Employment and Labour Relations Court marked the matter withdrawn with no order as to costs.
Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd [2024] KEELRC 13472 (KLR)
The court found that the applicant failed to provide verifiable evidence of the number of its members employed by the respondent for each year in question, which is essential for substantiating claims for unremitted union dues and for the grant of interim orders. The applicant relied on generalized statements regarding membership thresholds without disclosing specific numbers or supporting documentation. The court held that, in the absence of such evidence, it could not grant orders compelling the respondent to deduct and remit union dues or restrain the respondent from taking disciplinary ac…
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