Kenya Private Universities Workers Union v Management University of Africa (Cause E6502 of 2020) [2024] KEELRC 1433 (KLR)
The bottom line
#Kenya's Employment Court ordered Machakos University to deduct union dues for current members only, but refused to force it to recognise the union or grant special access.
What this practically means
#Executive summary
#Key legal issues
#Access to premises for union recruitment
Access order declined; the employer need only keep its gate open and the union had already accessed the premises uninvited.
The Court relied on its earlier decision in Kenya Private Universities Workers Union v. Mt. Kenya University, holding that employers have no duty to invite unions onto premises. Unions can recruit by other avenues including camps near universities and virtual platforms. Since the Claimant had already accessed the premises and recruited 15 members, an order granting access would serve no purpose.
Deduction and remittance of trade union dues under Section 48
Ordered for undisputed members; declined for members who resigned or disputed membership in writing.
The Claimant exhibited a ministerial order with effect from 14th November 2014 requiring employers to deduct and remit dues. Section 48(3) mandates the employer to effect the order within 30 days of service, but Section 48(6) bars deductions for employees who have notified the employer in writing of their resignation. Named individuals had resigned or denied membership, so dues are payable only for undisputed members.
Recognition agreement under Section 54
Prayer declined.
The Claimant failed to establish the number of employees recruited from the Respondent and whether they constituted a simple majority of the unionisable workforce. Several named check-off signatories had resigned, left employment, were never employed, or were interns. Without proof of simple majority, Section 54 is not satisfied.
Protection from victimisation
Prayer declined for want of evidence.
No employee was presented to the Court complaining of victimisation; no affidavit or witness statement supported the claim. The Claimant's assertion based on alleged victimisation at other institutions was farfetched, as those institutions are separate legal entities that do not act in common. The Claimant ought to have presented evidence specific to this Claim rather than arguing by analogy.
Legal principles established
#- An employer has no legal obligation to invite a trade union to its premises to recruit members; it need only keep its gate open.
- An employer must deduct and remit trade union dues under the ministerial order in respect of undisputed members, but not for employees who have resigned in writing.
- A union seeking a recognition agreement must establish that recruited employees constitute a simple majority of the unionisable workforce.
Court orders
#- 1.The Respondent shall deduct and remit trade union dues to the Claimant, with respect to members who have not resigned from the Claimant Union.
- 2.Other prayers are declined.
- 3.No order on the costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union/employer disputes under the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Workers Union v Management University of Africa (Cause E6502 of 2020) [2024] KEELRC 1433 (KLR)", Case Analysis (2024). Cause Number not stated on the face of the judgment (Claim filed 30th November 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1433/eng@2024-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.