Chepkoech & 3 others (Suing as former members of the 2nd Respondent, for themselves on behalf of 143 other former members of the Union) v Kenya Plantation and Agriculture Workers Union (KPAWU) & another (Petition E012 of 2024) [2025] KEELRC 2054 (KLR)
The bottom line
#Kenya's Employment Court ruled a trade union must pay former members Kshs. 400,000 each for secretly settling their case without telling them.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent union owed and breached a fiduciary duty to the Petitioners
The court found in the affirmative - the union owed a fiduciary duty and breached it by withdrawing the members' claim without informing them of the outcome and reasons
The Petitioners were members of the 1st Respondent union which instructed counsel in Kericho ELRC No. 170 of 2016. As the instructing client, the union could not claim ignorance of the outcome. Courts have affirmed that unions owe fiduciary duties to members even after employment ends (Seth Panyako v KUDHEIHA). The claim was withdrawn by the union's counsel without explanation and without updating the members, which the court held was wrongful.
Whether the 2nd Respondent owed a fiduciary duty or violated the Petitioners' rights
No - the employer-employee relationship ended on dismissal on 6th December 2016; the 2nd Respondent was released from any liability
The claim in Kericho ELRC No. 170 of 2016 could only be withdrawn by the Claimant or its counsel, which was the 1st Respondent, not the 2nd Respondent. Once the contracts were terminated on 6th December 2016 there was no employer/employee relationship and hence no fiduciary relationship. The 2nd Respondent also had the right to recruit new employees after the dismissals.
Whether the Petitioners' constitutional rights were violated
The court found no constitutional violations of the Petitioners' rights by the Respondents; prayers (a), (b) and (c) were not granted
Although the union breached its fiduciary duty, the court declined to find constitutional violations. The 2nd Respondent's fresh recruitment was lawful and within its discretion after the dismissals. The court granted relief on the fiduciary duty footing (mandamus for disclosure and damages) rather than on constitutional grounds.
Legal principles established
#- Trade unions owe a fiduciary duty to represent their members diligently and are legally accountable for breaches of that duty even after the members' employment ends
- A union which mandated to represent its members in litigation must keep them informed of the outcome and reasons for withdrawal of their case
- He who alleges must prove - sections 107, 108 and 109 of the Evidence Act place the burden of proof on the party asserting facts
Court orders
#- 1.An order of mandamus compelling the 1st Respondent to disclose the terms of settlement of the consent recorded on 5th June 2018, and if the terms included payment, a detailed schedule of payments made to each Petitioner and eventually payment of the Petitioners' rightful dues
- 2.The 1st Respondent to pay Kshs. 400,000/= to each of the Petitioners as compensation for breach of fiduciary duty occasioning loss and damage
- 3.The Petitioners awarded costs of the petition
- 4.Interest to accrue on the damages from the date of judgment at 14% per annum until full payment
- 5.The 2nd Respondent released from any liability
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 35, 27, 41 of the Constitution and section 57 of the Labour Relations Act; petition invoked the Court's constitutional jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Abura v Coast Water Works Development Agency & 11 others (Petition E009 of 2025) [2025] KEELRC 2354 (KLR)[2025] KEELRC 2354 (KLR)8 Aug 2025followed
Cite this brief
#Cite this brief
Caselaw, "Chepkoech & 3 others (Suing as former members of the 2nd Respondent, for themselves on behalf of 143 other former members of the Union) v Kenya Plantation and Agriculture Workers Union (KPAWU) & another (Petition E012 of 2024) [2025] KEELRC 2054 (KLR)", Case Analysis (2025). Not stated in judgment (Petition dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2054/eng@2025-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.