Kenya Engineering Workers Union v Unighir Limited (Cause E620 of 2023) [2025] KEELRC 3023 (KLR)
The bottom line
#A Kenyan employer must pay over Kshs. 3 million for deducting workers' union dues but failing to remit them to the union and COTU.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether judgment should be entered against the Respondent as prayed
Key legal issues
#Liability for unremitted union dues under a recognition agreement and CBA
The court found the claimant proved its claim on a balance of probability and granted judgment as prayed, including payment to COTU
The claimant had a recognition agreement and registered CBAs binding the respondent to deduct and remit union dues. A settlement agreement signed before a conciliator in March 2022 acknowledged unremitted dues and provided for monthly installments of Kshs. 60,000, but the respondent paid only twice and defaulted. With no appearance, defence or rebuttal evidence, the documentary evidence including payslips and tabulations stood uncontroverted, establishing the arrears claimed for the period 2016 to 2023.
Legal principles established
#- Where a respondent fails to enter appearance or adduce evidence, the claimant's uncontroverted evidence may prove the claim on a balance of probability
Court orders
#- 1.Payment of Kshs. 1,127,353 to the Claimant
- 2.Payment of Kshs. 1,960,200 to COTU
- 3.Costs of the suit plus interest at court rates from the date of filing the suit till payment in full
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 48 of the Labour Relations Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that the Claimant has proved its claim on a balance of probability and I grant it as prayed in the Memorandum of Claim dated 1st August 2023
a. Payment of Kshs. 1,127,353 to the Claimant. b. Payment of Kshs. 1,960,200 to COTU. c. Costs of the suit plus interest at court rates from the date of filing the suit till payment in full.
Issues in the judgment
#The claim as pleaded states Kshs. 1,960,000 due to COTU, but the relief sought and the orders granted Kshs. 1,960,200
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Unighir Limited (Cause E620 of 2023) [2025] KEELRC 3023 (KLR)", Case Analysis (2025). Memorandum of Claim dated 1st August 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3023/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.