Kenya Private Universitites Workers Union v St Paul's University (Cause 147 of 2020) [2025] KEELRC 1408 (KLR)
The bottom line
#St Paul's University must let the workers' union access its staff and deduct union dues, but the union fell short of winning formal recognition.
What this practically means
#Executive summary
#Key legal issues
#Access to members and premises
The Respondent breached the Union's right to organise and the employees' right to associate by denying access
Section 56 of the Labour Relations Act contemplates employer-granted access for lawful trade union activities such as recruitment and members' education. The General Secretary's unrebutted testimony, supported by letters seeking access, established that the Respondent frustrated those efforts. The Court therefore found a breach of the right to organise and associate.
Deduction and remittance of union dues
The Respondent must deduct and remit dues for employees who signed Form S and remain in employment
Section 48 of the Labour Relations Act obliges an employer to deduct union dues from wages of employees who authorise deduction by signing Form S and remit them to the Union's gazetted account. Form S was produced and forwarded to the Respondent; employees who acknowledged membership and remain employed must have dues deducted.
Victimisation of members
Allegation of victimisation not established for want of particulars
The Union alleged victimisation and threats but gave no particulars. The Court nonetheless reiterated the principle that freedom of association includes joining a trade union and that union affiliation must not be used to victimise an employee.
Recognition agreement
Relief for a recognition agreement refused as the statutory threshold was not demonstrated
Under section 54 of the Labour Relations Act a union seeking recognition must meet a statutory threshold. The Union did not demonstrate it had done so, so the order binding the Respondent to sign a recognition agreement and negotiate a CBA was not granted.
Legal principles established
#- An employer is under a statutory duty to deduct and remit union dues for employees who have authorised deduction by signing Form S
- A registered trade union has a right of access to an employer's premises to pursue lawful activities including recruitment and members' education
Court orders
#- 1.Declaration that the Respondent's decision to deny the Claimant access to pursue lawful trade union activities was unlawful
- 2.Declaration that the Respondent's decision not to comply with section 48 of the Labour Relations Act was unlawful
- 3.The Respondent to grant the Claimant access to its premises to pursue its lawful activities as a trade union
- 4.The Respondent to commence deduction of union dues for employees who signed the Form S and are still in its employment
- 5.Each party to meet its own costs
- Jurisdiction invoked
- First-instance employment and labour relations dispute (Issue in Dispute referred under the Labour Relations Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universitites Workers Union v St Paul's University (Cause 147 of 2020) [2025] KEELRC 1408 (KLR)", Case Analysis (2025). Not stated in judgment (Cause filed 10 March 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1408/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.