W.J. Maxwell & Associates Advocates

21/05/2026

HOW TO BUILD A TRADE UNION IN KENYA

A Practical Legal Guide

INTRODUCTION

A trade union is one of the most powerful legal tools workers can use to organize, negotiate, and protect their collective interests. In Kenya, workers have a constitutional right to form, join, and participate in the activities of a trade union.

The right is protected under:

The Constitution of Kenya, 2010
The Labour Relations Act, 2007
International Labour Organization (ILO) conventions ratified by Kenya

A properly organized trade union can:

* Negotiate better salaries
* Improve working conditions
* Protect employees from unfair dismissal
* Challenge exploitation
* Push policy reforms
* Conduct lawful industrial action including strikes
* Gain political and social influence

This guide explains, step by step, how to build a legitimate and legally protected trade union in Kenya.

PART 1: UNDERSTANDING WHAT A TRADE UNION IS

A trade union is an organization formed by employees for purposes of:

* Regulating relations between employees and employers
* Protecting workers’ welfare
* Negotiating terms and conditions of employment
* Representing workers in disputes

Examples in Kenya include:
Kenya National Union of Teachers (KNUT)
Central Organization of Trade Unions (COTU)
Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU)

These are recognized unions with legal standing.

PART 2: WHY FORM A TRADE UNION?

A union gives workers POWER
One employee can easily be ignored; 1000 organized employees cannot.

A union helps workers:

1. Bargain Collectively
You negotiate as a group instead of individually.

2. Protect Workers
Members gain representation during disciplinary hearings, dismissals, and disputes.

3. Improve Salaries and Benefits
Employers are often compelled to negotiate fair compensation.

4. Gain Legal Recognition
A registered union has legal standing before courts, labour officers, and employers.

5. Conduct Lawful Industrial Action
Including strikes, go-slows, picketing, and demonstrations within the law.

6. Influence National Policy
Large unions shape labour laws and national politics.

PART 3: STEP-BY-STEP PROCESS OF FORMING A TRADE UNION IN KENYA

STEP 1: IDENTIFY THE SECTOR OR INDUSTRY

A union must represent a specific sector or category of workers.

Examples:
Teachers
Forex Traders
Nurses
Drivers
Factory workers
Journalists
Call center employees
Delivery riders
Digital workers
Security guards

You must define:
Who the workers are
Their common interests
Their challenges

The employers involved

IMPORTANT:
You cannot register a union if another sufficiently representative union already exists for the same category of workers unless you can justify the distinction.

STEP 2: FORM AN ORGANIZING COMMITTEE
You need a small leadership structure initially.
Usually:

Chairperson
Secretary
Treasurer
Mobilizers

Their role is to:
Recruit members
Hold meetings
Draft objectives
Coordinate registration

This committee becomes the foundation of the union.

STEP 3: RECRUIT MEMBERS

This is the most important stage.
Without workers, there is no union.

You should:
Hold meetings
Use WhatsApp groups
Use X (Twitter)

Create educational content
Explain workers’ rights
Build trust
Document grievances

The stronger the numbers, the stronger the union.

STEP 4: DRAFT A CONSTITUTION FOR THE UNION

Every trade union must have a constitution.
The constitution should contain:
Name of the union
Objectives
Membership requirements
Leadership structure
Election procedures
Financial management
Disciplinary procedures
Meeting procedures
Strike procedures
Dispute resolution systems

This document is critical because it governs the union internally.

STEP 5: APPLY FOR REGISTRATION

You apply to the Registrar of Trade Unions.
The application generally includes:

Prescribed forms
Union constitution
Names of officials
Sector representation details
Physical address
Membership evidence

The Registrar may:
Accept
Request amendments
Reject if another union sufficiently represents the sector

If rejected, the decision can be challenged in court.

PART 4: HOW A TRADE UNION BECOMES LEGITIMIZED

Registration gives the union legal personality.
Once registered, the union can:
Sue and be sued
Enter collective bargaining agreements
Represent workers legally
Own property
Open bank accounts
Receive union dues

Legitimacy comes from:

1. Registration
Legal recognition by government.

2. Membership Strength
The more members, the more influence.

3. Recognition Agreements
Employers formally recognize the union.

4. Collective Bargaining Agreements (CBAs)
These agreements legally bind employers.

PART 5: HOW TO FORCE EMPLOYER RECOGNITION

Under Kenyan law, an employer should recognize a union if it represents a simple majority of unionizable employees.

You achieve this through:
Membership recruitment
Signed check-off forms
Formal demand for recognition

If the employer refuses:
Report dispute to labour office
Seek conciliation
Move to Employment and Labour Relations Court

PART 6: COLLECTIVE BARGAINING AGREEMENTS (CBAs)

A CBA is where the real power lies.

It can negotiate:
Salaries
Overtime
Leave
Medical cover
Working hours
Promotions
Pension
Safety conditions

Once signed and registered, the CBA becomes legally enforceable.

PART 7: HOW INDUSTRIAL STRIKES WORK IN KENYA

IMPORTANT:
Not every strike is lawful.

A lawful strike must comply with the Labour Relations Act.

WHAT IS A STRIKE?
A strike is a collective refusal to work aimed at compelling an employer to address grievances.

WHEN CAN WORKERS STRIKE?
Usually over:
Salaries
Unfair treatment
Poor working conditions
Failure to honor agreements
Unfair dismissals

THE LEGAL PROCESS OF A STRIKE

STEP 1: REPORT A TRADE DISPUTE

You report the dispute to:
The Cabinet Secretary for Labour
Labour Officer
Conciliator

STEP 2: CONCILIATION PROCESS

A conciliator attempts settlement.
This process normally takes time.

STEP 3: ISSUE STRIKE NOTICE
If unresolved:

A 7-day strike notice is usually required
Essential services have stricter rules

STEP 4: CONDUCT THE STRIKE PEACEFULLY
Workers may:
Withdraw labour
Picket peacefully
Demonstrate lawfully

Workers should NOT:
Destroy property
Assault people
Block emergency services
Engage in violence

PART 8: HOW A UNION PROTECTS ITS MEMBERS

A strong union protects workers through:
Legal Representation
During dismissals and disputes.
Collective Pressure
Employers fear mass unrest and reputational damage.
Public Advocacy
Media campaigns create pressure.
Litigation
The union can sue employers.
Negotiation Power

Employers often negotiate to avoid disruption.

PART 9: HOW TO BUILD A POWERFUL MODERN UNION

Modern unions are built through:
1. Media Presence
Use X aggressively.

2. Digital Mobilization
WhatsApp, Telegram, TikTok, Facebook.

3. Storytelling
Workers unite around shared suffering.

4. Transparency
Corrupt unions die quickly.

5. Legal Strategy
Always remain within the law.

6. Financial Accountability
Members trust transparent leadership.

PART 10: COMMON MISTAKES THAT DESTROY UNIONS

1. Poor Leadership
Ego destroys movements.

2. Corruption
Misuse of dues destroys legitimacy.

3. Illegal Strikes
Can expose workers to dismissal.

4. Political Capture
Unions should not become personal political tools.

5. Weak Documentation
Everything must be documented.

PART 11: IMPORTANT LEGAL RISKS
Trade union activity is protected, but leaders must avoid:
Violence
Incitement
Extortion
Sabotage
Defamation
Misuse of funds

Always seek legal guidance before major industrial action.

PART 12: FINAL STRATEGY FOR BUILDING A SUCCESSFUL UNION

The formula is simple:

ORGANIZE
Workers must unite.

EDUCATE
Workers must know their rights.

DOCUMENT
Keep evidence and records.

LEGALIZE
Register and formalize the structure.

NEGOTIATE
Push for recognition and CBAs.

MOBILIZE
Use public support strategically.

STAY DISCIPLINED
Lawful organization creates lasting power.

CONCLUSION

Trade unions remain one of the strongest lawful tools ordinary workers possess against exploitation.

A properly structured and disciplined union can:

Change industries
Improve salaries
Influence government policy
Protect workers from abuse
Transform entire sectors
But success requires:
Legal compliance
Strategic leadership
Mass organization
Financial integrity
Patience and discipline

The law in Kenya protects organized labour. Workers who unite lawfully and strategically can create tremendous institutional power.

Send a message to learn more

04/05/2026

A US company called Everstrong Capital tried to secure a Sh468 billion Nairobi–Mombasa expressway deal, lost it, went to court (a PPP tribunal), and lost again.

Why they actually lost the case

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At the core of the loss was a failure by the firm to demonstrate financial capacity. This was not a small project, it required serious capital backing. Everstrong’s position weakened significantly after its key partner, Mota-Engil, exited the consortium. That exit effectively stripped the project of both financial credibility and technical depth. Without a strong investor and engineering partner, the proposal began to look speculative rather than bankable, and the tribunal was not convinced that the firm could raise the funds needed to deliver the expressway.

Closely tied to that was the issue of technical capability. Infrastructure projects of this magnitude demand proven experience and ex*****on capacity. The tribunal found that once the key partner left, Everstrong could not sufficiently demonstrate that it had the technical expertise to carry out the project. In simple terms, they could no longer convincingly show that they had the ability to build and deliver what they were proposing.

There was also an underlying layer of geopolitical tension that quietly influenced the collapse of the deal. The involvement of entities with links to Chinese interests created discomfort among US financiers backing the project. That friction contributed to the breakdown of the consortium and ultimately weakened the entire proposal. While not the central legal issue, it formed part of the broader context in which the project lost viability.

On the legal front, the firm attempted to argue that it had a legitimate expectation that the government would approve the project, based on prior engagements and negotiations. The tribunal rejected this argument outright, holding that participation in negotiations or preliminary approvals does not amount to a binding commitment. There was no evidence of a promise or representation strong enough to create enforceable rights against the government.

The government’s own concerns about the project further undermined the case. These included questions about the feasibility studies, the high cost of land acquisition, and the sustainability of the proposed toll model. The projected toll charges were seen as excessively high, and there were doubts about whether traffic volumes would support the financial assumptions underpinning the project. In essence, the project itself raised red flags even before the legal dispute arose.

In the end, the tribunal found that the government had acted within the law and followed due process in declining the proposal. The firm had not met the legal, financial, or technical thresholds required under Kenya’s PPP framework. What the case ultimately shows is that by the time the dispute reached the tribunal, the project was already structurally unsound. The judgment simply confirmed what was already evident, the deal had collapsed long before the legal challenge was filed.

28/04/2026

It is that time of the year again — a time to give back to society.

This season, from May to August, we are committed to using the law as a tool for impact by supporting those who may not otherwise access legal assistance. Our goal is simple and deliberate:

○ Prepare 100 legal opinions

○ Draft 100 demand notices

○ Assist at least 100 individuals with plea bargain applications

○ Support women and children in securing maintenance, particularly where fathers have neglected or refused to provide

This is not charity, it is duty. The law must serve all, not just those who can afford it.

Too often, deserving individuals are excluded from the legal system due to cost, complexity, or intimidation. A well-crafted legal opinion can illuminate a path forward. A firm demand notice can rehelp solve disputes without the need for litigation. A properly guided plea bargain can restore dignity and offer a second chance within the bounds of the law.

This initiative, therefore, is about impact, real, tangible, measurable impact. One document at a time. One client at a time. One life at a time.
Because in the end, the true measure of a lawyer is not just in the cases won, but in the lives improved.

14/04/2026

Can your boss change your job terms without your consent? Here’s what Kenyan law actually says!

Picture this: you walk into work on a normal Monday morning, only to find a memo waiting for you. Effective immediately, your shift starts earlier, your travel allowance is gone, and your commission has been cut.

You raise concern, reasonably so, and your manager shrugs it off: “Business needs have changed. Adapt or leave.”

Sounds familiar? That situation has a name in law: a unilateral variation of contract, and in Kenya, it’s not as straightforward (or as lawful) as many employers assume.

A contract is not a suggestion, it’s an agreement

Under Kenyan labour law, an employment contract is a binding agreement between two parties. It is not a flexible document that one side can rewrite at will.

Once signed, key terms, such as salary, working hours, job role, and benefits, cannot be altered unless both the employer and the employee agree.

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The myth of “management prerogative”

Many employers hide behind the idea that they have absolute authority to run the business as they see fit. While management does have operational control, that power does not override contractual obligations.

In simple terms:
Running a business does not give an employer a free pass to rewrite your contract.

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So what happens if changes are forced on you?

If your employer imposes changes without your consent:
•It may amount to a breach of contract
•You are entitled to reject the changes
•You can insist that the original terms remain in force

In some cases, persistent or fundamental changes can even lead to a claim for constructive dismissal, where the employer’s conduct effectively forces you out.

Bottom line

Your job terms are not at your employer’s mercy.
Consent is not optional, it is the law.

If your employer wants to change the deal, they must come back to the table and agree it with you.

01/04/2026

In Feast Foods Processors v Kenya Development Corporation & another (Civil Case E438 of 2024), the High Court drew a firm line in the sand on lender conduct, contractual fidelity, and the limits of statutory power. At its core, the dispute was not just about money, it was about whether a state-linked financier can stretch its mandate at the expense of a borrower’s rights, and how far courts will go to rein that in.

Facts
Feast Foods Processors had entered into a financing arrangement with Kenya Development Corporation (KDC), a state corporation mandated to provide development finance. Like many such arrangements, the relationship began commercially, structured lending, security offered, repayment obligations agreed. But somewhere along the line, the relationship fractured. The borrower alleged oppressive enforcement, irregular variation of terms, and conduct that went beyond the four corners of the contract. On the other side, KDC asserted its statutory and contractual rights to recover the facility, including enforcement against secured assets.

The dispute escalated into a full-blown commercial suit, with Feast Foods challenging not just the enforcement process, but the legality and fairness of the lender’s actions. The second respondent’s involvement added another layer, typically tied to enforcement mechanics, whether receivership, realization of security, or ancillary recovery processes.

The legal question
The Court was essentially asked to answer a deceptively simple question: when a lender, especially one clothed with statutory authority, moves to enforce a facility, where does legitimate recovery end and unlawful overreach begin? And more importantly, can a borrower successfully invoke constitutional and equitable protections to restrain what is otherwise a contractually grounded process?

The Court’s reasoning
The High Court approached the matter with a blend of strict contractual interpretation and constitutional sensitivity. First, it reaffirmed a foundational principle: parties are bound by their contract. Courts do not rewrite bargains freely entered into. However, that principle is not absolute. Where there is evidence of illegality, procedural impropriety, bad faith, or violation of statutory safeguards, the Court will intervene.

On the lender’s side, the Court scrutinized whether KDC acted within its statutory mandate and in compliance with the law governing secured transactions and enforcement. Being a development finance institution does not grant a carte blanche to bypass due process. Statutory power must be exercised lawfully, reasonably, and proportionately.

On the borrower’s side, the Court examined whether Feast Foods had established grounds for relief, whether through breach of contract, violation of rights, or equitable doctrines such as unconscionability. The Court was particularly alive to the realities of lender-borrower asymmetry, where financial institutions often wield significant power.

The outcome
The judgment ultimately turned on whether the impugned actions met the threshold of illegality or procedural unfairness. The Court’s orders, whether in the form of injunctive relief, declaratory pronouncements, or dismissal, flowed directly from that analysis. What is clear, however, is that the Court did not shy away from interrogating the conduct of a state-linked financier with the same rigor applied to private lenders.

Why it matters
This decision reinforces a growing judicial trend in Kenya: commercial disputes are no longer decided in a vacuum of pure contract law. Courts are increasingly willing to interrogate the fairness, legality, and constitutional compliance of financial transactions, especially where enforcement threatens livelihoods or appears heavy-handed.

For lenders, the message is blunt: follow the contract, but also follow the law, strictly. For borrowers, the takeaway is equally sharp: courts will not rescue you from a bad bargain, but they will protect you from unlawful enforcement.

31/03/2026

NCBA Group and Multiple Hauliers (logistics company) are locked in a colossal Sh88 billion arbitration battle in London, a dispute that exposes the dark underbelly of asset financing, cross-border lending, and aggressive recovery tactics. This is no ordinary commercial disagreement, it’s a heavyweight clash over billions, reputation, and survival.

At the center of the dispute is a long-running financing relationship where NCBA extended massive credit facilities to Multiple Hauliers to fund acquisition of trucks and logistics assets. The scale of lending reportedly ballooned over time, making it one of the largest asset-backed exposures in the transport sector. As is typical in such arrangements, the assets themselves, trucks and equipment, were used as security.

The relationship appears to have broken down after disagreements over repayment terms, restructuring, and enforcement. NCBA is said to have moved to recover its money, likely through repossession and enforcement of securities, while Multiple Hauliers pushed back, disputing the bank’s actions and possibly the computation of the outstanding debt. What follows is a familiar script in high-value lending: accusations of breach, bad faith, and unlawful recovery.

Instead of fighting it out in Kenyan courts, the parties escalated the matter to international arbitration in London, a strong signal that the original financing agreements likely contained arbitration clauses designating a foreign seat. This is common in large commercial transactions, especially where lenders want neutrality, speed, and enforceability across jurisdictions.

The Sh88 billion figure tells you everything about the stakes. This is not just about unpaid loans, it likely includes principal sums, accumulated interest, penalties, and possibly damages claims from both sides. For NCBA, it’s about recovering one of its largest exposures. For Multiple Hauliers, it’s about resisting what could be financially crippling enforcement.

The outcome of this arbitration could have far-reaching implications. A win for NCBA strengthens lender rights and enforcement muscle in big-ticket financing deals. A win for Multiple Hauliers could expose vulnerabilities in how banks structure, enforce, or vary such agreements, especially where borrowers allege oppressive terms or irregular recoveries.

Bottom line: this is a billion-shilling courtroom drama playing out far from home, but its ripple effects will be felt squarely in Kenya’s banking and logistics sectors.

30/03/2026

30/03/2026

Struggling with divorce, separation, maintenance or child contact?