Kenya Private Universities Workers Union v Kenya Methodist University [2019] KEELRC 1582 (KLR)
The bottom line
#Kenya's Employment Court struck down a university's anti-union code of conduct clause but refused to force union dues deductions without proof of membership.
What this practically means
#Executive summary
#Key legal issues
#Legality of the Respondent's code of conduct clause discouraging union membership
The clause is discriminatory and a nullity to the extent it denies union membership to unionisable staff
The court read paragraph 16 of the Code of Conduct, which discourages joining unions, as an affront to Section 4 of the Labour Relations Act, Articles 36 and 41 of the Constitution and Articles 1 and 2 of ILO Convention No. 98, which Kenya ratified in 1964 and which protects workers from anti-union discrimination. The court exercised the residual 'any other relief' limb to declare it illegal.
Entitlement to Section 48 check-off deductions and recognition
Claimant failed to prove the statutory threshold for dues deduction or recognition
No evidence was led that the Claimant met the Section 48 threshold. The Respondent discounted the numbers claimed: employees were no longer serving, were not actual employees, or recanted membership. Recognition under Section 54 and deductions under Section 48 require meeting the statutory threshold, which was not demonstrated.
Alleged victimisation of employees for union activities
Not proved on the evidence
Although the court observed that dismissal or redundancy on account of union activities would offend the law and ratified ILO instruments, the Claimant cited no specific case of an employee dismissed or declared redundant because of union activities; the referenced termination case concerned fake degrees, not union membership.
Legal principles established
#- A code of conduct that discourages or burdens union membership contravenes Section 4 of the Labour Relations Act, Articles 36 and 41 of the Constitution and Articles 1 and 2 of ILO Convention No. 98 and is null and void to that extent
- Deduction and remittance of union dues under Section 48 of the Labour Relations Act is permitted only if the statutory threshold is met
Court orders
#- 1.A declaration that the Respondent's code of conduct is illegal, null and void to the extent it denied union membership to unionisable staff of the Respondent
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Reference from the Minister for Labour pursuant to Section 67 of the Labour Relations Act, 2007 (conciliator's certificate of disagreement), heard under Rule 21 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Workers Union v Kenya Methodist University [2019] KEELRC 1582 (KLR)", Case Analysis (2019). Not stated in the judgment (trade dispute referred by Conciliator's certificate of disagreement). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1582/eng@2019-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.