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ELRCAllowedNot stated in the judgment (statement of claim dated 12th September 2024)· [2025] KEELRC 2594 (KLR)

Kenya Union Pre-Primary Education Teachers v Bungoma County Public Service Board & another (Cause E014 of 2024) [2025] KEELRC 2594 (KLR)

Employment and Labour Relations Court
29 September 2025
3,463 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Bungoma County must start deducting and remitting union dues because a signed Form S alone is enough evidence under Kenyan law.

What this practically means

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Executive summary

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The claimant, a trade union representing ECDE teachers employed by the County Government of Bungoma, filed a statement of claim dated 12th September 2024 seeking orders compelling the respondents to commence deduction of union dues from its members (39 members from November 2023 and 102 further members from April 2024) and to remit all withheld dues into its designated bank account, together with costs. The claimant had submitted Form S check-off documents in October 2023 and March 2024, but the respondents failed, refused or neglected to effect the deductions. A dispute reported to the Minister for Labour under Section 62 of the Labour Relations Act collapsed after the respondents declined to cooperate, and the conciliator issued a certificate of unresolved dispute, recommending that the employer commence deductions since the union had complied with Section 48(2) and (3). The respondents defended the claim on grounds that signed employee consents were not supplied, that the demand contravened the Data Protection Act, that Section 48 of the Labour Relations Act was unconstitutional for conflicting with Article 31(c) & (d), and that the cause offended Section 13A of the Government Proceedings Act. The court held that Section 48 requires only service of a Form S notice signed by the employees; no personal letters of consent, proof beyond the Form S, or list of union officials is required. It found no conflict between Section 48 and the Data Protection Act and no unconstitutional defect, noting no authority or counter-claim supported that argument. The court held the claim proved to the required standard and that the respondents' refusal violated Article 41(4). The claim was allowed with costs.

Key legal issues

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01

Whether the claimant complied with Section 48 of the Labour Relations Act and whether the respondents were obliged to commence deduction and remittance of union dues

Holding

The claimant complied with Section 48 by submitting Form S check-off documents; the respondents' refusal to deduct and remit was without lawful cause and violated Article 41(4) of the Constitution

Reasoning

The court found it undisputed that the claimant recruited 141 county employees and forwarded Form S documents in 2023 and 2024. Section 48(3) requires an employer to commence deductions within thirty days of service of a Form S notice signed by the employees. The respondents demanded personal letters of consent, proof of membership and a list of union officials, but the court found no law requiring these. The Form S documents were prima facie proof of membership, and the respondents as custodians of employment records could verify membership themselves. The constitutional attack on Section 48 was unsupported by any cited authority or counter-claim.

p. 7
02

Whether Section 48 of the Labour Relations Act conflicts with the Data Protection Act or is unconstitutional for conflicting with Article 31(c) & (d) of the Constitution

Holding

No conflict exists between Section 48 and the Data Protection Act, and no unconstitutionality was established; the argument was unsupported by any cited authority and was not raised by counter-claim

Reasoning

The respondents argued in submissions that Section 48 conflicted with unspecified provisions of the Data Protection Act and was unconstitutional for conflicting with Article 31(c) & (d). The court noted that no authority was cited, no specific sections of the Data Protection Act were identified, and there was no counter-claim, reference or cause by the respondents seeking a declaration of unconstitutionality. The court was not aware of any binding decision declaring Section 48 unconstitutional, and the conciliator had confirmed the union's compliance with Section 48(2) and (3).

p. 6
03

Whether absence of a recognition agreement bars deduction and remittance of union dues

Holding

A recognition agreement is not a prerequisite to an employer making deductions and remitting union dues from members

Reasoning

The claimant relied on authority establishing that a recognition agreement is a prerequisite for collective bargaining but not for check-off deductions. The court endorsed the position that absence of a recognition agreement does not bar deduction and remittance of union dues, drawing on Modern Soap Factory Ltd v Kenya Shoe & Leather Workers Union and Lochab Brothers Ltd v Transport Workers Union.

p. 6

Legal principles established

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  • A duly signed Form S is prima facie evidence of union membership, and no personal letters of consent from employees or a recognition agreement are required before an employer commences deduction and remittance of union dues under Section 48 of the Labour Relations Act
  • Section 48 of the Labour Relations Act is not in conflict with the Data Protection Act, and an employer may not resist a lawful deduction demand on unpleaded and unsupported constitutional grounds absent a counter-claim or reference

Court orders

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  1. 1.The respondents by themselves, their agents, servants, and or others howsoever, be and are hereby ordered and compelled to commence deduction and remittance of union dues from all employees who are members of the claimant from the next month following the month of delivery of this judgment and remit such deductions to the bank account as provided for by the claimant
  2. 2.Costs of the cause to the claimant
Jurisdiction invoked
First-instance employment and labour relations jurisdiction of the Employment and Labour Relations Court over a trade union cause concerning deduction and remittance of union dues under Section 48 of the Labour Relations Act; canvassed by written submissions under Rule 59 of the Employment and Labour Relations Court (Procedure) Rules

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 Pre-Primary Education Teachers v Bungoma County Public Service Board & another (Cause E014 of 2024) [2025] KEELRC 2594 (KLR)", Case Analysis (2025). Not stated in the judgment (statement of claim dated 12th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2594/eng@2025-09-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.