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ELRCAllowedPetition No E011 of 2023· [2025] KEELRC 315 (KLR)

Kenya Universities Staff Union v Moi University & 2 others (Petition E011 of 2023) [2025] KEELRC 315 (KLR)

Employment and Labour Relations Court
7 February 2025
MOM. Onyango
4,103 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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Maseno University unlawfully cut union dues from 2% to 1% — an employer cannot change a gazetted union dues rate; only the Labour Cabinet Secretary can, through a new gazette notice.

What this practically means

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Executive summary

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The Petitioner, a trade union representing staff in public universities, petitioned the Employment and Labour Relations Court at Eldoret after the 1st Respondent, Maseno University, issued an internal memo dated 11th October 2023 directing that union dues deductions be reduced from the gazetted 2% to 1% of members' basic wage. The union contended that the rate was governed by clause 16 of the 2017/2021 CBA and Legal Notice No. 10 of 2019, neither of which had been revoked, and that the Respondents acted unilaterally, without consultation, on the advice of their Senior Legal Officer who relied on an Eldoret court order reinstating the union's 2013 Constitution (which provides for a 1% subscription) and Section 26 of the Employment Act. The Respondents maintained they were implementing a court order and applying the law on more favourable terms for employees. The court disposed of the petition by written submissions, only the Petitioner filing, and framed a single issue: whether the Respondents violated the Petitioner's constitutional rights by unilaterally reducing the subscription rate. The court held that trade union activities are protected from employer interference; that union dues are set by the National Delegates Conference, gazetted by the Minister, and can only be varied by the Minister through another gazette notice; and that the Respondents had no role in reviewing subscriptions. The petition succeeded in full: declarations of violation of Articles 2, 3(1), 41 and 232, certiorari quashing the memo, mandamus to deduct at 2%, a permanent injunction, repayment of the unremitted October 2023 dues from the university's own funds, and costs to the Petitioner.

Key legal issues

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Whether the Respondents unilaterally and unlawfully reduced union dues deductions from 2% to 1% of basic wage in violation of Articles 2, 3(1), 41 and 232 of the Constitution and the Labour Relations Act

Holding

The petition was merited. The reduction violated the Petitioner's constitutional rights to determine its own administration, programmes and activities and to collective bargaining, and contravened the CBA 2017/2021 and Legal Notice No. 10 of 2019.

Reasoning

The court held that trade union independence is constitutionally and statutorily protected. Union dues are determined by the union's National Delegates Conference, published by the Minister in the gazette, and can only be varied by the Minister through another gazette notice. The Recognition Agreement provided only for deduction through check-off, not the rate. The 1st Respondent's reliance on the Eldoret judgment reinstating the 2013 Constitution and on Section 26 of the Employment Act was misguided; its Senior Legal Officer's advisory was misleading and without authority. Unilaterally implementing a 1% deduction amounted to unlawful interference in the union's affairs.

p. 9

Legal principles established

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  • Trade union activities are protected from interference by employers or any other bodies; an employer has no role in reviewing or varying the rate of union dues save in accordance with sections 48 and 49 of the Labour Relations Act.
  • Union dues are determined by the trade union's National Delegates Conference, gazetted by the Minister, and once published can only be reviewed by the same Minister through another gazette notice.

Court orders

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  1. 1.A declaration that the Respondents have violated the provisions of Articles 2, 3(1), 41 and 232 of the Constitution of Kenya 2010
  2. 2.A declaration that the proposed reduction of Union dues deductions by the Respondents from 2% of basic wage to 1% of basic wage of the Petitioner's Unionised members working for the 1st Respondent is null and void
  3. 3.A declaration that the Respondents are bound by the provisions of the CBA 2017/2021 and Legal Notice No. 10 of 2019 dated 31st January 2019 in regard to deduction of Union dues
  4. 4.An order of certiorari quashing the internal memo referenced MU/ADM/1/126 dated 11th October 2023 and all its consequential orders
  5. 5.An order of mandamus compelling the Respondents to forthwith continue with Union deductions at the rate of 2% of basic wage of all the Petitioner's Unionised members
  6. 6.A Permanent Injunction stopping the Respondents, their officers, staff, agents, servants and/or any other persons acting at their behest from continuing with the planned adjustment of Union dues deductions from 2% to 1% of basic wage as per the internal memo referenced MU/ADM/1/126 dated 11th October 2023
  7. 7.An order to the 1st Respondent to forward to the Petitioner's account the un-deducted and unremitted 1% Union dues for the month of October 2023, such amounts to be recovered from the 1st Respondent's own funds and not Unionised members' salaries
  8. 8.The Respondents shall bear the Petitioner's costs of the suit

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 2, 3(1), 41(1), 41(5), 232(e)
  • Labour Relations Act, 2007Sections 8, 9, 10, 11, 14(1), 48(1)-(4), 49(1)-(8), 50(2), 50(8)(i)
  • Employment Act, Cap 226, Laws of KenyaSection 26
  • Legal Notice No. 10 of 2019Ministerial Order on union dues dated 31st January 2019
  • University Actestablishment of public universities
  • CBA 2017/2021 between KUSU and IPUCCFClause 16

Cases cited (2)

  • Francis Cheng’oli & 2 Others v Kenya Universities Staff Union
    Eldoret ELRC PET/026/2021
  • Joseck Olukusi Alwala & 3 Others v Kenya Universities Staff Union
    Nairobi ELRCPET/E083/2023
Jurisdiction invoked
Articles 2, 3(1), 41 and 232 of the Constitution of Kenya 2010 as read with the Labour Relations Act, 2007 (petition invoking fundamental rights and freedoms in employment relations)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Universities Staff Union v Moi University & 2 others (Petition E011 of 2023) [2025] KEELRC 315 (KLR)", Case Analysis (2025). Petition No E011 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/315/eng@2025-02-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.