Kenya National Union of Nurses v Kakamega County Public Service Board & 2 Others [2016] KEELRC 431 (KLR)
The bottom line
#Devolution did not erase nurses' union membership—Kenyan county employers must remit union dues to the national union office, not to branches or governors' preferred hands.
What this practically means
#Executive summary
#Key legal issues
#Whether a County Public Service Board may lawfully deal with and remit union dues to a branch of a union without the national office's authority
No. A branch has no independent capacity to collect dues or sign recognition agreements, and dealing with it to the exclusion of the national office is unlawful interference.
The Labour Relations Act contemplates branches established by, and deriving validity from, the national union under section 25. The union's own constitution requires check-off dues to be paid into the national headquarters' bank account, not branch accounts. Internal union disputes have statutory mechanisms for resolution, and an employer or governor has no mandate to choose sides. Such intervention breaches the requirement that trade unions be independent of employer control and constitutes unlawful interference.
Whether devolution of health services discharged the employer's obligations under pre-existing recognition agreements and check-off arrangements
No. Devolution transferred nurses' employment to the counties but did not terminate their union membership or the obligation to deduct and remit dues under sections 48 and 50 of the Labour Relations Act.
Clause 33 of the Sixth Schedule to the Constitution retained offices and institutions existing under the former constitutional order, transferring their services to county governments. Nurses were retained as members of the Claimant union, so the 1st Respondent, as the new employer, remained bound to deduct and remit dues. The 1st Respondent's failure to remit dues from January 2014 contravened sections 48 and 50 of the Labour Relations Act.
Whether the claim against the 3rd Respondent (Kisumu County Public Service Board) was proved
No. The 3rd Respondent produced uncontroverted payroll evidence of deduction and remittance of union dues.
The 3rd Respondent's payroll manager deponed that deductions were made and dispatched, annexing payroll extracts. The Claimant did not controvert this evidence, so the claim against the 3rd Respondent failed and was dismissed.
Legal principles established
#- A trade union branch is not independent of the national union and cannot collect union dues or enter into recognition agreements; its validity derives from the National Office under section 25 of the Labour Relations Act
- The transfer of nurses from the National to County Government upon devolution did not affect their union membership or terminate recognition arrangements
- An employer dealing with a union branch to the exclusion of the national office, and a governor's intervention in union affairs, is unlawful interference with the internal affairs of a trade union
Court orders
#- 1.That the 1st Respondent failed to remit union dues to the Claimant in contravention of section 48 and 50 of the Labour Relations Act
- 2.The 1st Respondent directed to forthwith pay to the claimant's designated account all union dues deducted from members in its employment from 1st January 2014 to the date of judgment and thereafter continue deducting and remitting such dues under sections 48 and 50 of the Labour Relations Act
- 3.The agreements entered into between the 1st Respondent and the Kakamega Branch officials of the Kenya National Union of Nurses declared null and void ab initio
- 4.A permanent injunction issued restraining the 1st and 2nd Respondents from interfering with the running of the Claimant union's affairs by dealing with the Kakamega Branch Officials except as authorised by the National office
- 5.The Claimant and 1st Respondent to, within 30 days and with the assistance of the Kakamega County Labour Officer, agree on moneys due, with the Labour Officer to file a report in court for final judgment on the amount due
- 6.The claim against the 3rd Respondent dismissed
- 7.Each party to bear its costs of the suit
- 8.Case to be mentioned in 60 days to receive the Kakamega County Labour Officer's report and for final judgment on the amount due from the 1st Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union and employer disputes under the Labour Relations Act (Constitution Article 162(2) - employment and labour relations jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kakamega County Public Service Board & 2 Others [2016] KEELRC 431 (KLR)", Case Analysis (2016). Cause No. 391 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/431/eng@2016-09-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.