Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1637 (KLR)
The bottom line
#Kenya's Employment Court ruled that employers must deduct and remit union dues within 30 days of receiving signed check-off forms, even if a different union holds a recognition agreement.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata given the prior ELRC E694 of 2020 matter and conciliation
Res judicata does not apply because the prior matter was resolved through conciliation, not adjudicated on its merits by a competent court, and the issue of deduction and remittance of dues was not resolved.
Applying Section 7 of the Civil Procedure Act and the Supreme Court's elements in John Florence Maritime, the Court found the prior ELRC E694 of 2020 matter was resolved through conciliation rather than heard and finally decided on the merits. The conciliator's report confined itself to encroachment on union membership, collective bargaining and the recognition agreement, leaving the deduction and remittance of the Claimant's dues outstanding.
Whether the Claimant is entitled to orders for deduction and remittance of trade union dues
Yes. The Respondent did not dispute receiving check-off forms from about 130 employees who joined the Claimant, and is mandated to deduct and remit dues to the Claimant's gazetted bank account.
The Court anchored the finding on Articles 36 and 41(2)(c) of the Constitution and Sections 4(1), 48(2) and (3) of the Labour Relations Act, plus Sections 17(11) and 19(1)(f) and (g) of the Employment Act. Executing check-off forms expressed the employees' constitutional right to join the Claimant and leave the 1st Interested Party; the employer's obligation to deduct and remit is mandatory and not elective.
Legal principles established
#- Once an employee signs a check-off form, the employer must commence deduction and remittance of union dues within 30 days of being served with the check-off forms; Section 48(3) of the Labour Relations Act is mandatory.
- Employees exercising freedom of association under Articles 36 and 41(2)(c) of the Constitution may join a union other than the one holding a recognition agreement, and a CBA with another union does not defeat that right.
Court orders
#- 1.The Respondent is directed to deduct and remit to the Claimant's gazetted bank account, trade union dues from its employees who have duly signed check-off forms and acknowledged membership to the Claimant's union
- 2.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Constitution and the Employment and Labour Relations Court Act (employment and labour relations dispute over trade union dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1637 (KLR)", Case Analysis (2025). ELRC Claim dated 27th October 2021 (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1637/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.