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ELRCPartially AllowedELRC Claim dated 27th October 2021 (Nairobi)· [2025] KEELRC 1637 (KLR)

Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1637 (KLR)

Employment and Labour Relations Court
30 May 2025
2,885 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Claimant union, Transport Workers Union Kenya (TAWU), moved the Employment and Labour Relations Court by a Statement of Claim dated 27th October 2021 seeking a permanent injunction against wrongful deductions, an order compelling the Respondent employer to continue deducting trade union dues in accordance with Form S and to remit them promptly, and costs. TAWU averred that it recruited about 130 of the Respondent's employees who signed check-off forms, that the Respondent acknowledged receipt and commenced deductions, but never remitted the dues. The Respondent countered that the suit was res judicata, having been dealt with in Nairobi ELRCC E694 of 2020 between similar parties, where Justice Nduma Nderi directed conciliation; the conciliator's report of 21st June 2021 recommended that PUTON respect its jurisdictional boundaries, that TAWU engage Apollo on collective bargaining, and that Apollo respect the recognition agreement with PUTON. A CBA between the Respondent and the 1st Interested Party was executed on 19th December 2023 and registered on 28th February 2024, and the Respondent maintained the suit was overtaken by events. The interested parties filed no responses. The matter was determined on documentary evidence under Rule 59 of the ELRC (Procedure) Rules, 2024, and only the Respondent filed submissions. The Court framed two issues: res judicata and entitlement to reliefs. It held res judicata did not apply because the prior matter was resolved through conciliation, not adjudicated on the merits, and the deduction and remittance issue remained outstanding. On the merits, invoking Articles 36 and 41(2)(c) of the Constitution and Sections 4(1), 48(2) and (3) of the Labour Relations Act, the Court held employees were within their rights to join the Claimant despite the recognition agreement and CBA, and that the employer is mandatorily obliged to deduct and remit dues. Judgment was entered for the Claimant with no orders as to costs.

Key legal issues

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01

Whether the suit is res judicata given the prior ELRC E694 of 2020 matter and conciliation

Holding

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.

Reasoning

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.

p. 4
02

Whether the Claimant is entitled to orders for deduction and remittance of trade union dues

Holding

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.

Reasoning

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.

p. 6

Legal principles established

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  • 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

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  1. 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. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 7
  • Civil Procedure ActSection 1B
  • Labour Relations ActSection 4(1)
  • Labour Relations ActSection 48(2) and (3)
  • Employment ActSection 17(11)
  • Employment ActSection 19(1)(f) and (g)
  • Constitution of Kenya, 2010Article 36
  • Constitution of Kenya, 2010Article 41(2)(c)
  • Constitution of Kenya, 2010Article 159(2)(d)
  • Constitution of Kenya, 2010Article 48
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 59
  • Civil Procedure RulesOrder 21 Rule 1

Cases cited (3)

  • John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 others (Petition 17 of 2015) [2021] KESC 39 (KLR) (Civ) (6 August 2021) (Judgment)
    [2021] KESC 39 (KLR)
  • Amalgamated Union of Kenya Metal Workers vs Dock Workers Union & another [2019] eKLR
    [2019] eKLR
  • Transport Workers Union Kenya (TAWU) v Public Transport Operators Union (PUTON) & Apollo Tours, Nairobi ELRCC E694 of 2020
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.