Kenya Case Law

Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party)

Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) [2025] KEELRC 1480 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E559 of 2020

Judge

HS Wasilwa

The court granted a conditional stay of execution pending appeal, requiring the applicant to deposit the entire decretal sum in court within 30 days.

• Union Dues Remittance
• Stay Of Execution
• Employee Rights
• Redundancy And Union Membership
• Stay-of-execution
• Union-dues-remittance

Banking Insurance & Finance Union v Elimu Sacco Society Ltd

Banking Insurance & Finance Union v Elimu Sacco Society Ltd [2025] KEELRC 1302 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E054 of 2024

Judge

S Radido

The court dismissed three interlocutory motions in a union dispute over dues and employee status, finding some requests overtaken by events and others incompetent.

• Union Dues Remittance
• Recognition Agreement
• Fixed Term Contracts
• Unfair Termination
• Employee Status
• Costs Award

Kenya Petroleum Oil Workers Union v Petro Oil Kenya Limited

Kenya Petroleum Oil Workers Union v Petro Oil Kenya Limited [2025] KEELRC 1230 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 24 of 2019

Judge

M Mbarũ

The court found that there was a clear and unambiguous court order issued on 25 January 2024, which the respondent was aware of and bound to comply with. The respondent's partial compliance and invocation of changes in union membership and a pending challenge to the Recognition Agreement did not justify non-compliance with the order to deduct and remit union dues from January 2024. The court held that the respondent could not unilaterally decide which orders to obey or ignore, and that the proper procedure for addressing changes in the shop floor or challenging the Recognition Agreement was t…

Source excerpt

• Contempt Of Court
• Collective Bargaining Agreements
• Union Dues Remittance
• Recognition Agreement
• Labour Relations Act Compliance

National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee); Mutuku & 3 others (Interested Parties)

National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee); Mutuku & 3 others (Interested Parties) [2024] KEELRC 13223 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1162 of 2018

Judge

NJ Abuodha

The court made absolute a garnishee order over Garissa Water and Sewerage Company’s account and ordered continued remittance of union dues.

• Garnishee Proceedings
• Union Dues Remittance
• Enforcement Of Decree
• Change Of Union Name
• Public Body Liability
• Garnishee-proceedings

Kenya Engineering Workers Union v Napro Industries Limited

Kenya Engineering Workers Union v Napro Industries Limited [2024] KEELRC 2665 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1563 of 2018

Judge

DKN Marete

The court found that the Respondent failed to comply with its statutory obligations under Section 48 of the Labour Relations Act, 2007 by not deducting and remitting union dues for the Claimant's members. The Respondent's actions in outsourcing unionisable employees and attempting to terminate the Recognition Agreement without due process constituted unfair labour practices and infringed on the employees' constitutional right to freedom of association. The Respondent did not defend the suit, and the evidence presented by the Claimant was uncontroverted. The court relied on statutory provision…

Source excerpt

• Union Dues Remittance
• Outsourcing Of Employees
• Freedom Of Association
• Recognition Agreement
• Collective Bargaining Agreement
• Unfair Labour Practices

Kenya Engineering Workers Limited v Imara Steel Mills Limited

Kenya Engineering Workers Limited v Imara Steel Mills Limited [2024] KEELRC 2424 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E2063 of 2017

Judge

AN Mwaure

The court issued a notice to show cause why the claim should not be dismissed, after finding the claimant had not provided crucial evidence and appeared to have abandoned the case.

• Union Dues Remittance
• Abandonment Of Claim
• Notice To Show Cause
• Employment-law
• Union-dues
• Want-of-prosecution

Don Bosco utume Salesian Theological College v Kenya Private Universities Workers Union

Don Bosco utume Salesian Theological College v Kenya Private Universities Workers Union [2024] KEELRC 2268 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 1347 of 2018

Judge

AN Mwaure

The court found that the applicant failed to demonstrate an error apparent on the face of the record or any new matter justifying review under section 16 of the Employment and Labour Relations Court Act and Rule 33 of the Procedure Rules. The amount awarded was based on the applicant's own application dated 3rd October 2023, to which no objection was raised at the time. The court further held that the respondent's preliminary objection was merited, as the application for review was not procedurally compliant and did not meet the legal threshold. The applicant, as employer, bore the duty to pr…

Source excerpt

• Review Of Judgment
• Union Dues Remittance
• Error Apparent On Record
• Procedural Compliance

Universities Academic Staff Union, Egerton University Branch/Chapter v Egerton University & 2 others; Universities Academic Staff Union (Interested Party)

Universities Academic Staff Union, Egerton University Branch/Chapter v Egerton University & 2 others; Universities Academic Staff Union (Interested Party) [2024] KEELRC 1864 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E024 of 2023

Judge

HS Wasilwa

The court declined to award costs after the parties settled a claim over unremitted union dues and agency fees by consent and the respondents paid the arrears.

• Union Dues Remittance
• Costs Award Discretion
• Amicable Settlement
• Agency Fees
• Court Discretion On Costs
• Costs-award-discretion

Kenya County Government Workers Union v County Government of Kisumu & 4 others

Kenya County Government Workers Union v County Government of Kisumu & 4 others [2024] KEELRC 1244 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E017 of 2024

Judge

S Radido

The court allowed the union to withdraw its cause, but awarded costs of the motion to the respondents because the withdrawal came after a preliminary objection.

• Union Dues Remittance
• Preliminary Objection
• Withdrawal Of Suit
• Costs Award
• Union-dues-remittance
• Preliminary-objection

Tailors & Textiles Workers Union v Ashton Apparels EPZ Limited & 2 others

Tailors & Textiles Workers Union v Ashton Apparels EPZ Limited & 2 others [2024] KEELRC 1197 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E119 of 2023

Judge

M Mbarũ

The court found the respondents had complied with the consent orders on union dues, released the security deposit, and marked the applications spent.

• Union Dues Remittance
• Trade Union Recognition
• Redundancy Procedure
• Security For Costs
• Employee Rights
• Collective Bargaining