Kenya Union of Domestic, Hospital, Educational Institutions and Allied Workers Limited v Board of Management Murang'a High School (Civil Appeal 180 of 2020) [2026] KECA 72 (KLR) (30 January 2026) (Judgment)

Facts

The appellant, Kenya Union of Domestic, Hospital, Educational Institutions and Allied Workers Limited, filed a claim on behalf of 20 claimants working in non-teaching roles at Murang'a High School. The claimants sought orders for the release of their January 2016 salaries, an order to restrain the respondent from terminating or victimizing them, and an order to remit their Union dues to the appellant. The claimants alleged that the respondent was undertaking unfair labor practices, including underpayment and failure to deduct Union dues.

Issues

1. Whether the Employment and Labour Relations Court (ELRC) erred in dismissing the appellant's claim.
2. Whether the respondent victimized Union members and engaged in unfair labor practices.

Reasoning

The Court found that the respondent had not engaged in unfair labor practices and that the claimants had not been victimized. The Court also noted that the respondent had complied with the court order and had taken steps to accommodate the non-teaching staff.

Outcome

Appeal dismissed

Authorities cited