Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) (Employment and Labour Relations Cause E372 of 2020) [2025] KEELRC 1300 (KLR)
The bottom line
#A Kenyan employer cannot force employees out of a union; only employees themselves can resign their membership in writing.
What this practically means
#Executive summary
#Key legal issues
#Whether the employer could unilaterally terminate the affected employees' union membership
The purported withdrawal of the affected members vide the letter dated 27th April 2020 was unlawful, unprocedural, null and void; only those members who voluntarily resigned (Ann Njogu, Elizabeth Kungu, Njambi Mungai, Stephen Ndegwa, Quenter Mbori and Wilson Kinuthia) validly ceased membership
Section 48(6), (7) and (8) of the Labour Relations Act prescribes that resignation from a union is notified by the employee in writing, takes effect the following month, and the employer must forward the notice to the union. Here the employer, not the employees, initiated the withdrawals by its letters of 25/3/2019 and 27/4/2020. This breached Article 41(2) of the Constitution and clause 2 of the CBA which protected freedom of individual choice of membership.
Whether alteration of the affected members' terms of service, including reduction of annual leave from 41 to 30 days, was lawful
The alteration was unlawful, null and void, flowing from the finding that the exclusion from the union was itself unlawful
Since the removal of the employees from union membership was unlawful, the consequential change of their terms from unionisable to management staff terms, including the reduction of annual leave days from 41 to 30 from June 2020, could not stand and was declared null and void.
Whether cessation of deduction and remittance of union dues was lawful
The court ordered the Respondents to resume deduction and remittance of union dues of the affected members to the Claimant
Having found the ejection from membership unlawful, the cessation of check-off dues had no lawful basis; the remedy ordered was reinstatement of the deduction and remittance of the dues of the affected members to the union.
Weight of the CBA governing union membership in the period under review
The CBA of April 2014-31st March 2016 (signed 14/5/2014) was the governing agreement; no signed CBA amending or repealing it was exhibited, and the purported 2018-2020 CBA was not exhibited before the court
Clause 2 of the 2014-2016 CBA committed the parties to freedom of individual choice of union membership and maintenance of membership at a high level. Clause 26 posts included the members whose membership was withdrawn. Absent any exhibited amendment or repeal, its terms governed, and they were consistent with Article 41(2) of the Constitution.
Legal principles established
#- An employer may not unilaterally withdraw an employee's trade union membership; resignation notices under section 48 of the Labour Relations Act must come from the employee, not the employer
- Ejection of members from a union by an employer is illegal and breaches members' rights to join and participate in union activities
- Voluntary withdrawal from union membership by an employee suffices to end membership
Court orders
#- 1.Declaration that the purported withdrawal of the affected members from the union vide letter dated 27th April 2020 was unlawful, unprocedural, null and void
- 2.Declaration that the alteration of the affected members' terms of service, including reduction of annual leave days from 41 to 30, was unlawful, null and void
- 3.Order that the Respondents proceed to deduct and remit union dues of the affected members to the Claimant
- 4.Respondents to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (claim concerning union membership, Recognition Agreement and CBA)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) (Employment and Labour Relations Cause E372 of 2020) [2025] KEELRC 1300 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1300/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.