Kenya Eningeering Workers Union v Abyssinia Iron and Steel Limited (Cause E013 of 2022) [2025] KEELRC 47 (KLR)
The bottom line
#A Kenyan court dismissed a union's claim for dues because it could not prove the listed workers were actually the company's employees.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent should be directed to deduct and remit trade union dues to the claimant
The claim was dismissed because the claimant failed to prove that the persons on the check-off forms were employees of the respondent
The court analysed the 114 persons listed in the letter of 20 February 2020 and found 58 unknown, 31 no longer employed, and 70 engaged through outsourced third parties (Labour Planet, Real Labor, Consolidated HR Solutions, JEO Investments). The claimant did not contest these records. The Recognition Agreement alone did not establish current membership of the respondent's employees, so the claimant did not discharge its burden on a balance of probabilities.
The legal effect of a Recognition Agreement and Section 48 of the LRA on union dues
A Recognition Agreement enables negotiation of a collective bargaining agreement, and Section 48 obliges an employer served with check-off forms for its employees to deduct and remit dues - but only for genuine employees
The court held that the essence of a Recognition Agreement is to allow the parties to negotiate a collective bargaining agreement under Section 54 of the LRA. Section 48 requires an employer served with check-off forms concerning its own employees to deduct and remit dues; where the employer fails, the union may demand payment from the employer's accounts. However, this presupposes proof of an employer-employee relationship with the listed members.
The duty of a union to maintain current membership records given shop-floor dynamics
Unions must constantly update their members' lists; a Recognition Agreement is not sufficient where membership has changed
The court noted that employees leave employment for various reasons, causing constant changes on the shop floor. The alleged membership as of August 2019 had changed by the time of the claim. The union was directed to verify its members' employment with the respondent and, in the interim, rely on Section 52 of the LRA permitting direct payment of dues by members.
Legal principles established
#- Where an employer is served with check-off forms concerning its employees who have joined a trade union, such an employer must deduct and remit union dues to the subject union
- A union claiming remittance of dues bears the burden of proving, on a balance of probabilities, that the listed persons are employees of the employer and must keep its membership records up to date
- Holding a Recognition Agreement alone is not sufficient to justify remittance of union dues; the union must keep its members' records updated
- A member of a trade union may pay dues directly to the union pending verification of membership, per Section 52 of the LRA
Court orders
#- 1.The claim is dismissed
- 2.The claimant shall meet costs due to the respondent
- 3.The claimant should, in the interim, apply the provisions of Section 52 of the LRA allowing members to pay dues directly to their union while it verifies its membership records
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union dues disputes under the Labour Relations Act, specifically Sections 48, 52 and 54 of the LRA
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Eningeering Workers Union v Abyssinia Iron and Steel Limited (Cause E013 of 2022) [2025] KEELRC 47 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/47/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.