Kenya Private Universities Workers Union v Mount Kenya University (Cause 117 of 2020) [2024] KEELRC 665 (KLR) (15 March 2024) (Ruling)

Facts

The Kenya Private Universities Workers Union filed an application for review of a previous ruling dismissing their application to compel Mount Kenya University to deduct and remit trade union dues. The union claimed the university had not executed a Recognition Agreement and that employees had not signed check-off forms.

Issues

1. Whether the union can compel the university to deduct and remit trade union dues
2. Whether the documents relied on by the union are authentic

Reasoning

The court found that the documents relied on by the union were contested and some were alleged to be forgeries. The court also noted that the obligation of an employer to deduct and remit trade union dues is contested and not suitable for an interlocutory measure.

Outcome

The court declined the application for review and costs were awarded to the respondent.

Authorities cited