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11 December, 2025In a ruling that reinforces constitutional protections for trade union activity, Kenya’s Employment and Labour Relations Court has ordered the immediate reinstatement of 11 workers at Springtech Kenya Limited, a manufacturing firm, who were suspended without pay after refusing to renounce membership of the Amalgamated Union of Kenya Metal Workers (AUKMW), an affiliate of IndustriALL Global Union.
The dispute began in July 2025 when Springtech management, in what the union described as a deliberate attempt to derail an organising drive, demanded that newly unionised employees resign from being members of the AUKMW. Eleven workers who refused to budge staged a brief shopfloor picket, prompting their arrest by police on charges of violence – allegations later dropped by the Director of Public Prosecutions for lack of evidence. The employer simultaneously suspended the workers and halted the remittance of union dues collected through the check-off system, effectively disrupting an ongoing conciliation process. The AUKMW sought and obtained a certificate of urgency that blocked further dismissals.
In a judgment delivered on 8 December, Justice M. Mbaru of the Mombasa court ruled that employees enjoy explicit constitutional protection under Article 41 for joining or participating in lawful trade union activities, whether outside working hours or, with or without the employer’s consent. Termination of employment on such grounds, the judge held, constitutes an unfair labour practice under sections 46(c) and (d) of the Employment Act.
The court ordered Springtech to grant the union immediate access to the workplace for recruitment until it secures a simple majority of the workforce – the threshold required under Kenyan law for formal recognition – and to resume deducting and remitting dues within 30 days. The 11 suspended workers are to return to work immediately and to receive full back pay from July 15, 2025.
Welcoming the judgment, Rose Omamo, general secretary of the AUKMW and vice president of IndustriALL said:
“This is a timely reminder to employers that the rights to organise and participate in union activities without intimidation and harassment are firmly enshrined in both the constitution and labour laws.”
The ruling, she added, clears the path for the union to achieve the membership level needed for statutory recognition at the plant.
The case is the latest in a series of labour court victories for AUKMW and other unions that are strengthening organising rights in Kenya’s manufacturing and export-processing zones, where employers are resorting to unfair dismissals and other union busting tactics to thwart unionization.