Kenya Union of Domestic Hotels, Educational Institution and Hospital Workers (KUDHEIHA) v BOM Matuu Memorial Girls High School (Cause E6474 of 2020) [2025] KEELRC 2181 (KLR)
The bottom line
#Kenya's Employment Court dismissed a teachers' union's bid to force a school to sign a recognition agreement because the union no longer represented a simple majority of staff.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant met the simple majority threshold for recognition under Section 54(1) of the Labour Relations Act, 2007
The claim fails because the Claimant could not demonstrate a current simple majority; its 2014-era majority no longer subsists given retirements, redundancies and withdrawals
The court accepted the Respondent's evidence of workforce changes since 2014, including nine handwritten letters of denial or withdrawal of membership. The Claimant relied on outdated 2014 lists and 2021 check-off forms which did not rebut the attrition evidence. Recognition depends on a simple majority at the time of the dispute, which was not established.
The propriety of union membership withdrawals directed to the employer
Resignations should be addressed to the union, not the employer; the employer's conduct in obtaining/channeling resignations was suspicious and bordered on unfair labour practice
The court observed that the first point of call for a resignation should have been the union. The nine handwritten letters sent to the employer were therefore of doubtful validity, though this did not convert into a holding for the Claimant given the overall acrimony and changed workforce.
Legal principles established
#- Recognition of a trade union under Section 54 is contingent on the union representing a simple majority of unionisable employees at the time of the dispute, not merely at an earlier recruitment period
- A letter of resignation from a trade union should be addressed to the trade union and not the employer; resignations channelled through the employer are suspicious and may amount to unfair labour practice
Court orders
#- 1.The claim is disallowed/dismissed
- 2.Each party to bear their own costs of the claim
- Jurisdiction invoked
- First-instance jurisdiction under the Labour Relations Act, 2007 and Employment and Labour Relations Court jurisdiction over trade disputes (recognition agreement under Section 54)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Hotels, Educational Institution and Hospital Workers (KUDHEIHA) v BOM Matuu Memorial Girls High School (Cause E6474 of 2020) [2025] KEELRC 2181 (KLR)", Case Analysis (2025). Memorandum of Claim filed 18th November 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2181/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.