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ELRCPartially AllowedNot stated in judgment

Kenya Union of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) (Employment and Labour Relations Cause E372 of 2020) [2025] KEELRC 1300 (KLR)

Employment and Labour Relations Court
8 May 2025
3,343 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan employer cannot force employees out of a union; only employees themselves can resign their membership in writing.

What this practically means

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Executive summary

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The Claimant union, which had a Recognition Agreement with the Respondent dated 18th February 1972 and successive CBAs, claimed that the Respondent unilaterally terminated the union membership of listed unionisable employees (including a Bureau Chief/Senior Reporter, Business Editor, Associate Editor, Revise Editor, Chief Sub-Editor, Editor and Radio Producer) by letters of 25th March 2019 and 27th April 2020, altered their terms of service by reducing annual leave from 41 to 30 days, and ceased deducting and remitting union dues without the members' consent. The Respondent contended that the affected employees had been promoted into supervisory and management roles which are non-unionisable, relying on the Industrial Relations Charter, 1984, and that acceptance of promotions meant acceptance of non-unionisable status. The court examined the evidence of Eric Oduor (CW1) and Sharon Tomeyan (RW1), noting RW1's admissions that there was no amendment to the Recognition Agreement, that the employees did not request withdrawal but were written to by the Respondent, and that no job descriptions were attached. Applying the CBA of 2014-2016 and section 48(6)-(8) of the Labour Relations Act, the court held that resignation notices must come from employees, not the employer. Only six members who withdrew voluntarily validly ceased membership. The court declared the purported withdrawal of the remaining affected members unlawful, null and void, declared the alteration of their terms of service null and void, ordered the Respondents to resume deduction and remittance of union dues, and awarded costs to the Claimant.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondent's termination/withdrawal of the affected employees' union membership was lawful and procedural
  2. 2.Whether the alteration of the affected members' terms of service, including reduction of annual leave days from 41 to 30, was lawful
  3. 3.Whether the Respondent's cessation of deduction and remittance of union dues without the consent of the affected members was unlawful
  4. 4.Whether the Claimant is entitled to the reliefs prayed for, including remittance of arrears in trade union dues

Key legal issues

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01

Whether the employer could unilaterally terminate the affected employees' union membership

Holding

The purported withdrawal of the affected members vide the letter dated 27th April 2020 was unlawful, unprocedural, null and void; only those members who voluntarily resigned (Ann Njogu, Elizabeth Kungu, Njambi Mungai, Stephen Ndegwa, Quenter Mbori and Wilson Kinuthia) validly ceased membership

Reasoning

Section 48(6), (7) and (8) of the Labour Relations Act prescribes that resignation from a union is notified by the employee in writing, takes effect the following month, and the employer must forward the notice to the union. Here the employer, not the employees, initiated the withdrawals by its letters of 25/3/2019 and 27/4/2020. This breached Article 41(2) of the Constitution and clause 2 of the CBA which protected freedom of individual choice of membership.

p. 7
02

Whether alteration of the affected members' terms of service, including reduction of annual leave from 41 to 30 days, was lawful

Holding

The alteration was unlawful, null and void, flowing from the finding that the exclusion from the union was itself unlawful

Reasoning

Since the removal of the employees from union membership was unlawful, the consequential change of their terms from unionisable to management staff terms, including the reduction of annual leave days from 41 to 30 from June 2020, could not stand and was declared null and void.

p. 7
03

Whether cessation of deduction and remittance of union dues was lawful

Holding

The court ordered the Respondents to resume deduction and remittance of union dues of the affected members to the Claimant

Reasoning

Having found the ejection from membership unlawful, the cessation of check-off dues had no lawful basis; the remedy ordered was reinstatement of the deduction and remittance of the dues of the affected members to the union.

p. 7
04

Weight of the CBA governing union membership in the period under review

Holding

The CBA of April 2014-31st March 2016 (signed 14/5/2014) was the governing agreement; no signed CBA amending or repealing it was exhibited, and the purported 2018-2020 CBA was not exhibited before the court

Reasoning

Clause 2 of the 2014-2016 CBA committed the parties to freedom of individual choice of union membership and maintenance of membership at a high level. Clause 26 posts included the members whose membership was withdrawn. Absent any exhibited amendment or repeal, its terms governed, and they were consistent with Article 41(2) of the Constitution.

p. 6

Legal principles established

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  • An employer may not unilaterally withdraw an employee's trade union membership; resignation notices under section 48 of the Labour Relations Act must come from the employee, not the employer
  • Ejection of members from a union by an employer is illegal and breaches members' rights to join and participate in union activities
  • Voluntary withdrawal from union membership by an employee suffices to end membership

Court orders

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  1. 1.Declaration that the purported withdrawal of the affected members from the union vide letter dated 27th April 2020 was unlawful, unprocedural, null and void
  2. 2.Declaration that the alteration of the affected members' terms of service, including reduction of annual leave days from 41 to 30, was unlawful, null and void
  3. 3.Order that the Respondents proceed to deduct and remit union dues of the affected members to the Claimant
  4. 4.Respondents to pay costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (claim concerning union membership, Recognition Agreement and CBA)

Relief refused

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Direction to remit all arrears in trade union dues

The court ordered prospective deduction and remittance of dues but did not make an express order for arrears or interest as prayed; only six members who voluntarily withdrew were treated as validly out of the union

p. 7

Costs

The respondents will pay costs of this suit

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the foregoing therefore, this court makes a finding that the purported withdrawal of other afiected members from the union vide letter dated 27th April 2020 was unlawful, un procedural null and void.
p. 7Unlawful unilateral withdrawal of union membership
It also follows that the alteration of the afiected members terms of service including reduction of their annual leave days from 41 to 30 was unlawful and as such null and void.
p. 7Alteration of terms of service null and void
An order is issued herein that the respondents proceed to deduct and remit union dues of the afiected members to the claimant. The respondents will pay costs of this suit.
p. 7Final orders - reinstatement of check-off dues and costs
for those who were ejected out of the union by the respondent, that remains illegal and a breach of the member's rights to join and participate in the activities of the union
p. 7Employer interference with freedom of association
In respect of these members who withdrew from the union voluntarily this would sufice.
p. 7Voluntary resignation valid

Issues in the judgment

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minor

The names of the parties are not stated in the judgment text; they are referred to only as 'the Claimant' and 'the Respondent', and no case number or neutral citation is given

minor

Internal inconsistency in dates of the Respondent's letter declaring positions excluded from the union - submissions refer to a letter dated 27th April 2024 while the pleadings and the court's findings refer to 27th April 2020

minor

The CBAs referenced are inconsistent - the claimant relies on a CBA 2018-2020 submitted for registration, while the court applied the CBA of April 2014-31st March 2016 as the agreement in force for the period under review

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 of Journalists v Standard Group PLC; Central Organization of Trade Unions (COTU) (Interested Party) (Employment and Labour Relations Cause E372 of 2020) [2025] KEELRC 1300 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1300/eng@2025-05-08

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