Kenya Private Universities Workers’ Union v Mount Kenya University (Cause 117 of 2020) [2025] KEELRC 284 (KLR)
The bottom line
#A Kenyan court ordered a university to recognise a union, deduct dues, and stop pressuring workers about their union membership.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was opposed
The response filed out of time was properly on record following leave granted on 13th June 2024; the claim is defended
The court observed that although the response was filed years after pleadings closed, the record showed the Respondent sought and obtained leave of court on 13th June 2024 to file it out of time, meaning the claim was properly defended and the Claimant's unopposed-claim argument failed.
Whether the Claimant was entitled to access its members
Yes; the Respondent denied access without justification, and short-notice excuses failed since meeting dates were two weeks away
The court found the Claimant had repeatedly sought meetings for union education and recruitment from 2016 onwards, reported a trade dispute, and a conciliator was appointed. The Respondent never suggested alternative dates. Notices of two weeks were held sufficient, entitling the Claimant to an access order.
Whether the Respondent must deduct and remit union dues under Section 48
Yes; more than five check-off forms (29) were served uncontroverted, meeting the Section 48 threshold
Section 48 requires a union to show more than five recruited members and service of Form S signed by employees. The court found 29 check-off forms uncontroverted and held there is no requirement for the employer to verify membership again with employees; such re-verification in fact confirmed coercion of workers.
Whether the Respondent should be restrained from victimization
Yes; the Respondent's letters requiring employees to confirm union membership amounted to coercion
The Respondent admitted writing to each employee who signed Form S to confirm union membership. Given the disparity in bargaining power, the court held this was coercion and intimidation, justifying a restraining order against victimization, coercion or termination.
Whether the Respondent must sign a recognition agreement
Yes; the simple majority requirement for recognition was met and confirmed by the Respondent's own evidence
Recognition requires a simple majority of unionisable employees. The Respondent's production of internal memos requiring employees to confirm union membership demonstrated the majority had been recruited, and the court held the numbers recruited had not been controverted but confirmed by the Respondent's evidence.
Legal principles established
#- Once a union serves Form S/check-off forms signed by employees, an employer is required to deduct union dues and has no legal mandate to re-verify membership with the employees
- Requiring employees to confirm union membership amounts to coercion and intimidation given unequal bargaining power
Court orders
#- 1.Respondent restrained from victimizing, coercing and/or terminating the services of the Claimant's members
- 2.Order compelling the Respondent to allow the Claimant union access to its members
- 3.Respondent ordered to comply with Section 48 of the Labour Relations Act, 2007, by deducting and remitting union dues to the Claimant union with immediate effect
- 4.Respondent ordered to sign a recognition agreement with the Claimant union
- 5.No orders on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade disputes and union recognition claims under the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kenya Union Pre-Primary Education Teachers v Bungoma County Public Service Board & another (Cause E014 of 2024) [2025] KEELRC 2594 (KLR)[2025] KEELRC 2594 (KLR)29 Sept 2025
Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Workers’ Union v Mount Kenya University (Cause 117 of 2020) [2025] KEELRC 284 (KLR)", Case Analysis (2025). Memorandum of Claim dated 26th February, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/284/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.