Kenya Union of Entertainment & Music Industry Employees v Kenya Cultural Centre (Cause E168 of 2024) [2025] KEELRC 641 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's claim for dues and agency fees because employees had resigned in writing and the CBA had expired in 2010.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant proved existing union membership among the Respondent's employees
The Claimant failed to prove membership; 19 employees withdrew and 5 separated from employment, and deduction of dues had to stop.
The Claimant's claim was global, referencing 28 members with no names or personnel numbers. CW1 admitted receipt of the withdrawal letters, discounting the claim of no notice. Under Section 48(6) of the Labour Relations Act, an employer may not deduct dues from an employee who has notified it in writing of resignation from the union. The Respondent was therefore barred from continuing deductions.
Whether the CBA registered under RCA No. 92 of 2009 remained in force
The CBA ran for 24 months from 1st January 2009 and lapsed on 31st December 2010; it is no longer in force.
Clause 21 fixed the effective date as 1st January 2009 with a total period of twenty-four months. The court applied the maxim that courts do not rewrite contracts, and Section 59(1) of the Labour Relations Act that a collective agreement binds for the period of the agreement, as reaffirmed in Mukiria Farmers. Had the parties intended continuation, they would have said so expressly.
Whether the Claimant is entitled to agency fees
No entitlement to agency fees as the CBA has lapsed; entitlement would arise only upon negotiation of a new CBA.
Agency fees are paid for benefits derived from a CBA. Since the CBA ceased to be in force after 31st December 2010, no claim for agency fees lies. The Claimant also did not dispute that the CBA terms had become obsolete and inferior to current terms of engagement, with negotiated basic salaries falling below the prescribed minimum wage.
Whether the Respondent's Counterclaim for repayment of Kshs 126,990 in agency fees is merited
Counterclaim declined because the deductions were made on the basis of a valid gazette notice.
Gazette notice no 14364 of 12th October 2012 recorded an order by the Cabinet Secretary authorising deduction of agency fees from unionisable employees covered by the CBA. Since the deductions were effected on the strength of that gazette notice, the amounts deducted were not recoverable, and the Counterclaim failed.
Legal principles established
#- Upon written notice of resignation from a union, an employer may not deduct trade union dues.
- A collective agreement binds only for the period of the agreement.
- Courts cannot rewrite contracts between parties; parties are bound by the terms of their contracts.
Court orders
#- 1.The Claim is dismissed
- 2.Each party shall bear their own costs of the Claim
- 3.The Counterclaim is dismissed with no orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union dues, CBA and agency fees disputes (Section 48 of the Labour Relations Act, 2007 invoked by the parties)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Entertainment & Music Industry Employees v Kenya Cultural Centre (Cause E168 of 2024) [2025] KEELRC 641 (KLR)", Case Analysis (2025). Not stated in extract (Statement of Claim; Respondent's Statement of Response and Counterclaim dated 26th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/641/eng@2025-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.