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ELRCAllowedMemorandum of Claim dated 1st August 2023

Kenya Engineering Workers Union v Unighir Limited (Cause E620 of 2023) [2025] KEELRC 3023 (KLR)

Employment and Labour Relations Court
30 October 2025
OMONESMUS MAKAU
685 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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By a Memorandum of Claim dated 1st August 2023, the Claimant union alleged that the Respondent deducted union dues from its members' salaries but failed to remit them to the union and COTU as required by section 48 of the Labour Relations Act, contrary to a Recognition Agreement and registered Collective Bargaining Agreements between the parties. The claimant relied on payslips and a tabulation of outstanding dues, and on a settlement agreement signed before a conciliator in March 2022 in which the respondent acknowledged unremitted dues of Kshs. 572,046 as at 31st January 2022 and undertook to pay in monthly installments of Kshs. 60,000 from 10th April 2022. The respondent paid only two installments and defaulted. The claimant sought judgment for Kshs. 1,127,353 for itself and Kshs. 1,960,200 for COTU, with interest and costs. The respondent was served but did not enter appearance or file a defence, and the suit proceeded undefended on the pleadings, documentary evidence and written submissions. Makau J found that the parties were bound by the recognition agreement and CBA, that the respondent had acknowledged the arrears in the conciliation settlement, and that the claim was proved on a balance of probability in the absence of any controverting evidence. Judgment was entered for the claimant against the respondent for Kshs. 1,127,353 payable to the claimant, Kshs. 1,960,200 payable to COTU, and costs of the suit with interest at court rates from the date of filing until payment in full. The judgment was delivered virtually at Nairobi on 30th October 2025.

Questions the Court framed

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

  1. 1.whether judgment should be entered against the Respondent as prayed

Key legal issues

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01

Liability for unremitted union dues under a recognition agreement and CBA

Holding

The court found the claimant proved its claim on a balance of probability and granted judgment as prayed, including payment to COTU

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.Payment of Kshs. 1,127,353 to the Claimant
  2. 2.Payment of Kshs. 1,960,200 to COTU
  3. 3.Costs of the suit plus interest at court rates from the date of filing the suit till payment in full

The bench

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

OM
majority

Wrote the judgment

Jurisdiction invoked
Section 48 of the Labour Relations Act

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.

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
p. 2proof of claim on balance of probability
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.
p. 2final orders/disposition

Issues in the judgment

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minor

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

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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 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.