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

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 1906 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E882 of 2021

Judge

SC Rutto

The court held that although new evidence regarding the deregistration of the Claimant Union was brought to its attention after judgment, it could not review or alter its judgment in the absence of a formal application for review as required by Rule 74(1) of the Employment and Labour Relations Court (Procedure) Rules 2024. The court emphasized that it is functus officio and constrained from acting on the new evidence unless properly moved by a party. The only exception for suo motu action is limited to correction of errors under Rule 75. Therefore, the court declined to issue any orders of re…

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• Trade Union Registration
• Union Dues Deduction
• Review Of Judgment
• Functus Officio
• Court Procedure

Kenya Private Universitites Workers Union v St Paul's University

Kenya Private Universitites Workers Union v St Paul's University [2025] KEELRC 1408 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 147 of 2020

Judge

S Radido

The court found the university unlawfully denied union access and failed to comply with union dues deductions, but declined recognition and victimisation relief.

• Trade Union Access
• Union Dues Deduction
• Employee Association Rights
• Victimisation Of Union Members
• Trade-union-access
• Union-dues-deduction

Kenya Engineering Workers Union v M/S Auto Craft Limited

Kenya Engineering Workers Union v M/S Auto Craft Limited [2025] KEELRC 1364 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 20 of 2019

Judge

MA Onyango

The court found the union had a simple majority of employees and ordered recognition, deduction of union dues, and protection from victimization.

• Trade Union Recognition
• Union Dues Deduction
• Collective Bargaining Agreement
• Employee Membership Threshold
• Trade-union-recognition
• Union-dues-deduction

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

Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v Karibu Flour Mills Limited

Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v Karibu Flour Mills Limited [2025] KEELRC 1089 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 132 of 2023

Judge

M Mbarũ

The court declined to issue the orders sought because the claimant failed to provide current evidence of its membership numbers at the respondent's workplace at the time the claim was filed, noting the fluidity of employment and the outdated nature of the submitted check-off forms.

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• Trade Union Recognition
• Union Dues Deduction
• Collective Bargaining Rights

Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Warren Concrete Limited

Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Warren Concrete Limited [2025] KEELRC 866 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E085 of 2022

Judge

JW Keli

The court held that an employer is obligated by law to deduct and remit union dues from employees who have subscribed to become members of a union, provided the union has complied with the legal requirements for deduction. However, recognition of a new union for collective bargaining purposes requires the new union to demonstrate a simple majority of unionisable employees and for there to be no existing recognition agreement with another union covering the same employees, or a successful challenge to the existing recognition.

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• Trade Union Recognition
• Union Dues Deduction
• Collective Bargaining Agreement
• Employee Rights
• Labour Relations Act Compliance

Kenya Building Construction Timber and Furniture Industries Employees’ Union v Zhong Wu E-Commerce (Kenya) Co Ltd

Kenya Building Construction Timber and Furniture Industries Employees’ Union v Zhong Wu E-Commerce (Kenya) Co Ltd [2025] KEELRC 872 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 59 of 2020

Judge

MN Nduma

The court found that the Claimant union had demonstrated, on a balance of probability, that it represented a simple majority of the Respondent's unionisable employees based on the evidence presented and the Respondent's own admissions, thus meeting the requirement for recognition under the Labour Relations Act.

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• Trade Union Recognition
• Collective Bargaining
• Union Membership Threshold
• Employer Obligations
• Union Dues Deduction

Kenya Union of Commercial Food and Allied Workers v Banking Insurance & Finance Union & another

Kenya Union of Commercial Food and Allied Workers v Banking Insurance & Finance Union & another [2025] KEELRC 728 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E686 of 2022

Judge

MA Onyango

The court dismissed an application for stay of execution and held later applications redundant, finding no substantial loss and no basis to disturb its earlier orders.

• Trade Union Recognition
• Stay Of Execution
• Collective Bargaining Agreements
• Union Dues Deduction
• Trade-union-recognition
• Stay-of-execution

Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers v BOM-The Salvation Army-Kolanya Girls National School

Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers v BOM-The Salvation Army-Kolanya Girls National School [2025] KEELRC 738 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E003 of 2024

Judge

DN Nderitu

The court found that the claimant union had satisfied the legal requirements under the Labour Relations Act to warrant the deduction and remittance of union dues and had attained the simple majority threshold for recognition purposes, compelling the respondent to deduct union dues and negotiate a recognition agreement.

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• Trade Union Recognition
• Union Dues Deduction
• Collective Bargaining Agreement
• Employee Rights
• Industrial Relations
• Conciliation Process