Mathias Nyoka Ngala & 3 others v Kenya National Private Security Workers’ Union & another [2015] KEELRC 1358 (KLR)
The bottom line
#A Kenyan court ruled union members can demand their union's constitution and financial accounts, and unions cannot suspend shop stewards for suing them.
What this practically means
#Executive summary
#Key legal issues
#Whether monthly Union contributions should be suspended
No - the dues withheld since December 2014 must be remitted to the Union forthwith and no suspension ordered
Sections 39 of the Labour Relations Act and Rules 14(a), (c) and (d) of the Union's registered constitution centralise funds in the Union bank account. Retention at shop-floor level for Shop Stewards' use would create conflicts of interest and is not provided for. Shop Stewards receive travel and subsistence allowances for allocated work; no evidence showed unpaid allowances. Freezing remittances would also undermine COTU subscriptions and Union budgets.
Supply of copies of the Union constitution
Yes - the Union must supply registered copies within 7 days at its own expense
The Court held that basic documents such as the Union constitution should be given to a member as of right on recruitment. Referring members to buy copies from the Registrar of Trade Unions was rejected as 'preposterous'. With several draft constitutions in circulation, the Union bears the duty to ensure members receive the registered constitution of 15th February 2011 and updates on any proposed amendments.
Whether the Union may suspend or intimidate the Claimant Shop Stewards
No - the Union is restrained from suspending or interfering with their positions while the suit is pending
Applying the principle of section 46(h) of the Employment Act by analogy, an employee or Union member who raises a well-founded complaint should not be victimised. Any suspension, intimidation or negative action arising from the initiation of this suit is barred until the suit is heard and determined. Appointing new Shop Stewards in their place would negate the purpose of the responsibly initiated suit.
Rendering of accounts
Yes - the Union must render accounts for the last Union financial year within 30 days
Section 42 of the Labour Relations Act requires officials to render accurate accounts to members at least annually, upon resolution, on resigning or vacating office, and to the Registrar on request, verified by statutory declaration and audited. These are mandatory provisions distinct from section 43 annual returns. The Union produced no evidence of rendering such accounts, and the duty to render accounts to members is owed as of right.
Legal principles established
#- A Trade Union member is entitled as of right to basic documents such as the Union constitution and should not be referred to the Registrar of Trade Unions to buy a copy.
- Under section 42 of the Labour Relations Act a Union official must render accounts to members at least annually and upon a resolution of members, and this duty differs from annual returns to the Registrar.
- A Shop Steward or member who raises well-founded concerns against Union management should not be victimised for instituting a suit.
- Union funds may only be utilised for the purposes set out in section 39 of the Labour Relations Act and the registered Union constitution; retention of dues at shop-floor level is impermissible.
Court orders
#- 1.Interim orders granted on 17th December 2014 are lifted/set aside
- 2.The Union dues withheld by the 2nd Respondent since December 2014 to date shall be remitted to the 1st Respondent forthwith
- 3.The claimants shall be issued with copies of the 1st Respondent Union constitution within 7 days at the expense of the 1st Respondent
- 4.The 1st Respondent is restrained from suspending, threatening with suspension or in any other manner interfering with the positions held by the Claimants while the suit is pending, unless a different matter outside and separate from these proceedings arises
- 5.The 1st Respondent shall render accounts to the Claimants for the last Union financial year within the next 30 days, failure to which the Claimants may invoke section 41(1) of the Labour Relations Act
- Jurisdiction invoked
- Original jurisdiction of the Industrial Court under the Labour Relations Act and the Industrial Court Act (provision not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mathias Nyoka Ngala & 3 others v Kenya National Private Security Workers’ Union & another [2015] KEELRC 1358 (KLR)", Case Analysis (2015). Cause No 2212 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1358/eng@2015-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.