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Kenya Private University Workers Union v Aljamea Tus Saifiyah Campus Nairobi [2019] KEELRC 141 (KLR)

[2019] KEELRC 141 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
141
Citation
[2019] KEELRC 141 (KLR)
Decided
19 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureApplication for Prohibitory Orders and MandamusCoramHon. Justice Byram Ongaya
Holding

Prohibitory orders are issued against the respondent to allow the claimant access to recruit members and to deduct and remit union dues from the claimant's members.

Facts

The Kenya Private University Workers Union filed an application against Aljamea Tus Saifiyah Campus Nairobi for access to recruit members, compliance with union dues deduction, and protection from victimization. The respondent opposed the application, claiming it is not a university and thus not obligated to grant access.

Issues

  1. Access to recruit members
  2. Union dues deduction
  3. Protection from victimization

Reasoning

The court found the claimant to be a duly registered trade union and that the respondent violated the claimant's right to associate as provided by the Constitution and Labour Relations Act.

Outcome

The court granted the application.

Orders

  • Prohibitory orders against the respondent to allow access for recruitment and to deduct union dues

Remedies

  • Prohibitory orders to allow access for recruitment and to deduct union dues

Authorities cited

Legislation (2)
  • Labour Relations Act, 2007
  • Employment and Labour Relations Court Act, 2011
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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