Kudheiha Workers v Board of Management, Kapropita Girls High School (Cause E048 of 2023) [2025] KEELRC 2279 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Recognition of the trade union
Recognition was warranted, the Claimant having recruited majorities (94% and 74%) on two occasions
The Claimant recruited 33 of 35 employees (94%) from 26th February 2020 and 25 of 34 employees (74%) from 26th May 2022. Check-off forms and a model recognition agreement were forwarded to the Respondent, which failed to act on them. The evidence and submissions were found adequate to establish that the Claimant merited recognition under Section 54.
Obligation to conclude a collective agreement
The Respondent was ordered to negotiate and conclude a collective agreement without further delay
Recognition triggers a statutory duty under Section 57 of the Labour Relations Act to conclude a collective agreement. The Respondent ignored the model recognition agreement and did not participate in conciliation after the dispute was reported to the Labour Office, which issued a certificate of unresolved dispute.
Confirmation of interlocutory orders
The interim injunction and recognition orders were confirmed as part of the decree
Orders issued on 9th October 2023 and 13th February 2024 restrained victimization of union members and compelled recognition. The court noted the substantive recognition order ought not to have been granted interlocutorily, but chose to confirm both orders in the final decree.
Deduction and remittance of union dues
The Respondent must deduct and remit dues for members who have not recanted their membership
Letters from two employees recanting membership were exhibited. The court held the Respondent obligated to deduct and remit dues for members of the Claimant who remain members, and so ordered in respect of all members of the Claimant.
Legal principles established
#- A trade union recruiting in excess of a simple majority of the unionisable workforce merits recognition under Section 54 of the Labour Relations Act, 2007
- Once recognition is granted, an employer is legally obliged to conclude a collective agreement with the recognized trade union under Section 57 of the Labour Relations Act
Court orders
#- 1.The Respondent shall execute a recognition agreement with the Claimant
- 2.Without further delay, the Respondent shall negotiate and conclude a collective agreement with the Claimant
- 3.The Respondent is restrained from victimizing the Claimant's members, on account of their association with the Claimant
- 4.The Respondent shall deduct and remit trade union dues to the Claimant, with respect to all the members of the Claimant
- 5.No order on the costs
- Jurisdiction invoked
- Trade dispute referred under the Labour Relations Act, 2007 following a certificate of unresolved dispute issued by the Labour Office
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kudheiha Workers v Board of Management, Kapropita Girls High School (Cause E048 of 2023) [2025] KEELRC 2279 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2279/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.