Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2024) [2025] KEELRC 3314 (KLR) (25 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3314
- Citation
- [2025] KEELRC 3314 (KLR)
- Decided
- 25 November 2025
The court finds that the respondents' actions do not violate the petitioner's rights and cannot attract a compellable order from this court. The 1st respondent is ordered to remit all union dues not paid and continue to pay when due.
Facts
The petitioner, Cusine Wanza Kioko, is a Senior Library Assistant at the Technical University of Kenya and a member of Kenya Universities Staff Union. She was elected as the National Vice Chairperson of the union and has been denied participation in union activities and her allowances have been withheld.
Issues
- Whether the respondents have violated the petitioner's rights under the constitution.
- Whether the petitioner is entitled to the remedies sought.
Reasoning
The court interprets Article 41 of the constitution to mean that trade unions determine their own administration, programs, and activities. The 2nd respondent's decision to bar the petitioner from attending meetings due to non-payment of dues is seen as a fair one. The 1st respondent is ordered to remit union dues.
Outcome
The court orders the 1st respondent to remit all union dues not paid and continues to pay when due. The 2nd respondent is ordered to remit the dues to the 1st respondent.
Orders
- The 1st respondent will henceforth remit all union dues not paid and continue to pay when due.
- The 2nd respondent will remit the dues to the 1st respondent.
Remedies
- Remission of union dues by the 1st respondent.
- Remission of dues to the 2nd respondent.
Authorities cited
Cases cited (1)
- Kenya National Examination Council v Republic Ex Parte Georey Gathenji Njoroge & 9 others [1997] eKLR
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