Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Warren Concrete Limited (Employment and Labour Relations Cause E085 of 2022) [2025] KEELRC 866 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the claim for union dues deductions and remittance was merited
Yes. The respondent was in violation of the employees' constitutional right to unionise by failing to deduct and remit dues after receipt of check-off forms
The court traced the right to unionise to Article 41 of the Constitution, ICESCR Article 8, ILO Conventions 87 and 98, and sections 4 and 5 of the Labour Relations Act. Under section 48, once Form S is served, the employer must commence deductions within thirty days and cannot qualify the employee's choice until the employee resigns in writing under section 48(6). No evidence showed the check-off members belonged to another union. Section 19 of the Employment Act further permits the deduction. The court upheld Rika J's position that rival unions may recruit at the same workplace.
Whether the claimant had recruited a simple majority of unionisable employees entitling it to recognition under section 54
No. The claim on recognition was not merited
The conciliator had found the claimant had not met the simple majority threshold under section 54 of the Labour Relations Act; the union had focused on fixed-term contract employees and not the permanent category. The respondent already had a recognition agreement dated 10th January 2014 with the Kenya Quarry and Mine Workers Union and a CBA with the Concrete Quarry Workers Group of FKE. Following Rika J, a rival union achieving a majority should apply to the National Labour Board for invalidation of the existing recognition agreement.
Whether arrears of undeducted union dues could be ordered retrospectively
No, the prayer for arrears was rejected
Union dues are deductions from employees' wages under section 48 of the Labour Relations Act. Since the respondent never deducted the dues, ordering it to pay arrears from its own funds would saddle it with a liability for amounts it had no corresponding right to deduct from future wages, and no employee consent to backdated deductions was placed before the court.
Legal principles established
#- Once an employer receives Form S check-off forms and the union has complied with section 48 of the Labour Relations Act, the employer has no discretion but to deduct and remit union dues
- Once an employee has authorised deduction of union dues, the employer cannot qualify the employee's choice of union; the employer is not a gatekeeper for an existing union
- Retrospective payment of undeducted union dues cannot be ordered against an employer's own funds without the employees' consent
- Where an existing union holds a recognition agreement and CBA, a rival union claiming a simple majority should seek invalidation of the existing recognition agreement from the National Labour Board
Court orders
#- 1.That the respondent is hereby directed to make deductions and continue deductions and remitting the Union dues as per the authority to deduct from its employees who may have subscribed to become members of the Claimant's Union per the Check-off Forms in place
- 2.The Court awards the claimant reasonable costs payable by the respondent to cover the expenses in the litigation which the court awards at an all-inclusive figure of Kshs. 20,000 to be paid within 30 days of this Judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution (implied by the court's mandate over labour disputes); claim founded on sections 48 and 54 of the Labour Relations Act and section 19 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Warren Concrete Limited (Employment and Labour Relations Cause E085 of 2022) [2025] KEELRC 866 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/866/eng@2025-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.