Your right to join a trade union, union dues and union recognition
Labour Relations Act, 2007 · sources read 4 Oct 2026
Every employee has the right to form, join or leave a trade union and take part in its lawful activities. No one may dismiss or punish you for union membership or lawful union activity.
- Deadline
- To stop union dues, resign from the union in writing to your employer. Deductions stop from the month after you give notice.
- Where
- The county Labour Office; union disputes go to the Cabinet Secretary for Labour, then the Employment and Labour Relations Court
Steps
- If you are punished or dismissed over union membership, report it to the area Labour Officer, who records it on Form LD 64.
- A union dispute with an employer (for example, refusal to recognise the union) is reported to the Cabinet Secretary for Labour, with a copy to the other side. A conciliator is then appointed.
- If conciliation does not settle it, the matter can go to the Employment and Labour Relations Court.
Watch out
- Your employer can deduct union dues only under a Cabinet Secretary's order, and only where more than five employees belong to the union.
- Even if you are not a member, an agency fee can be deducted from your pay if you are covered by a registered collective agreement and the Cabinet Secretary has issued an order.
Who this covers
- Every worker: the Constitution protects the right to form, join or take part in a trade union.
- Every employee can help form a union, join one, or leave one.
- Job seekers too: no one may refuse or prejudice you because of past, present or expected union membership.
- Employees facing dismissal or discipline: union membership is not a fair reason.
- Employers, including government employers, must recognise a union for collective bargaining once it represents a simple majority of the unionisable staff.
- Employees active in a union: taking part in union activities outside working hours (or during them with the employer's consent) is not a fair reason to dismiss or discipline you.
- Union officials and workers' representatives: seeking or holding union office is not a fair reason to dismiss or discipline you.
- Employees who refuse to join a union or leave one: that is not a fair reason to dismiss or discipline you either.
Official sources (4)
- Labour Relations Act (Cap. 233, No. 14 of 2007) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026