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ELRCPartially AllowedMemorandum of Claim dated 18th September 2023· [2025] KEELRC 2706 (KLR)

Kenya Engineering Workers Union v Bocon Materials Supplies Limited (Cause E764 of 2023) [2025] KEELRC 2706 (KLR)

Employment and Labour Relations Court
3 October 2025
SRSTELLA RUTTO
1,385 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employer must deduct and remit union dues once workers sign check-off forms, but unions must prove a membership majority to win recognition.

What this practically means

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Executive summary

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The Claimant trade union filed an undefended Memorandum of Claim dated 18th September 2023 seeking orders compelling the Respondent employer to deduct and remit trade union dues under Section 48(2) of the Labour Relations Act and to execute a Recognition Agreement under Section 54(1). The Respondent neither entered appearance nor filed a Response; the suit was certified undefended and proceeded by formal proof, with the Claimant's Deputy General Secretary testifying that ten employees had executed check-off forms which were served on the Respondent. The Court framed the sole issue as whether the Claimant was entitled to the reliefs sought. On dues, the Court held that the right to join a trade union is guaranteed under Articles 36 and 41 of the Constitution, Section 4 of the Labour Relations Act and ILO Convention No. 87, and that Section 48(3) mandatorily obliges an employer to deduct and remit dues within thirty days of service of check-off forms. The Claimant's uncontroverted evidence established service, so the Court directed the Respondent to deduct dues from all employees who had executed check-off forms and remit them to the Claimant's gazetted bank account. On recognition, however, the Claim failed because the Claimant neither pleaded nor proved the total number of unionisable employees nor made a formal request for recognition establishing the base period, so the statutory simple majority under Section 54(1) could not be determined. The claim succeeded in part, with no order as to costs.

Key legal issues

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01

Deduction and remittance of trade union dues

Holding

The Respondent is under a legal duty to deduct and remit union dues for employees who executed check-off forms

Reasoning

The right to join a trade union is constitutionally guaranteed under Articles 36 and 41 and by Section 4 of the Labour Relations Act and ILO Convention No. 87. Section 48(3) of the Labour Relations Act mandatorily obliges an employer to deduct and remit dues within thirty days of service of a check-off form. The Respondent did not rebut evidence that duly signed forms were served, so its evidence remained uncontroverted and the duty attached.

p. 3
02

Execution of a Recognition Agreement

Holding

Relief refused; the Claimant failed to prove the statutory simple majority

Reasoning

Section 54(1) obliges an employer to recognise a union representing a simple majority of unionisable employees. Establishing that majority requires an arithmetical comparison between total unionisable employees and union members. The Claimant neither pleaded nor proved the size of the unionisable workforce nor a formal request for recognition fixing the base period, so the Court could not determine whether the threshold was met.

p. 3

Legal principles established

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  • Once an employee executes a check-off form, the employer is under a mandatory statutory obligation to begin deducting and remitting trade union dues within thirty days of service of the form
  • Recognition under Section 54(1) requires proof of a simple majority, established by arithmetical comparison of union membership against the total unionisable workforce, which the union must plead and prove

Court orders

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  1. 1.The Respondent is directed to deduct trade union dues from all employees who are members of the Claimant union, having duly executed check-off forms, and to remit the deductions to the Claimant's gazetted bank account
  2. 2.No order as to costs

Authorities

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Legislation

  • Labour Relations ActSection 48(2), 48(3), 54(1), Section 4
  • Employment ActSections 17(11), 19(1)(f) and (g)
  • Constitution of KenyaArticles 36, 41, 159(2)(d), 48
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 31
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
Jurisdiction invoked
Articles 36 and 41 of the Constitution; Sections 48 and 54 of the Labour Relations Act; Sections 17(11) and 19(1)(f) and (g) of the Employment Act

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 Engineering Workers Union v Bocon Materials Supplies Limited (Cause E764 of 2023) [2025] KEELRC 2706 (KLR)", Case Analysis (2025). Memorandum of Claim dated 18th September 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2706/eng@2025-10-03

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