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ELRCDismissedMemorandum of Claim filed 18th November 2020· [2025] KEELRC 2181 (KLR)

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)

Employment and Labour Relations Court
23 July 2025
1,137 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Claimant union sued the Board of Management of Matuu HGM Girls High School for refusing to sign a recognition agreement contrary to Section 54 of the Labour Relations Act, 2007, asserting it had recruited a simple majority (50% + 1) of the school's unionisable employees between 2010 and 20th June 2014 and had pursued the matter through reminders, conciliation at the Ministry of Labour, and a Certificate of Unresolved Dispute. The Respondent denied the claim, contending that the union's membership had dwindled through retirements, redundancies and withdrawals, leaving only two of five enlisted workers employed, and produced nine handwritten letters from employees denying or withdrawing membership. The court framed a single issue: whether the Claimant met the Section 54(1) simple majority threshold. Applying the principle in Abyssinia Iron & Steel and Kenya Electrical Traders that recognition depends on a simple majority at the time of the dispute, the court found the Claimant had not rebutted the evidence of membership attrition. It nonetheless observed that resignation letters should be addressed to the union rather than the employer, describing the Respondent's conduct as suspicious and bordering on unfair labour practice. The court declined to grant recognition amid the acrimony, advised the union to undertake a fresh recruitment drive free of the Respondent's interference, disallowed the claim, and ordered each party to bear its own costs. Judgment was delivered on 23rd July 2025 by D. K. Njagi Marete, Judge.

Key legal issues

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01

Whether the Claimant met the simple majority threshold for recognition under Section 54(1) of the Labour Relations Act, 2007

Holding

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

Reasoning

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.

p. 3
02

The propriety of union membership withdrawals directed to the employer

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The claim is disallowed/dismissed
  2. 2.Each party to bear their own costs of the claim

Authorities

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Legislation

  • Labour Relations ActSection 54(1)
  • Labour Relations ActSection 48
  • Employment ActSection 19
  • Constitution of Kenya, 2010Article 41

Cases cited (4)

  • Kenya Engineering Workers Union v M/S Empire Glass Industries Limited
    [2024] KEELRC 2734
  • Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union
    [2016] eKLR
  • Kenya Electrical Traders & Allied Workers Union v Kenya Electricity Transmissions Company Ltd
    [2021] eKLR
  • Banking Insurance & Finance Union (Kenya) v Waumini Sacco Society Limited
    [2018] KEELRC 585
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

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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, "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.