Court orders 3 public varsities to remit union dues

By OUMA WANZALA

The Employment and Labour Relations Court has ordered three public universities to remit union dues for lecturers and pay the cost of the case.

Four others were, however, spared after they agreed to remit the union dues.

Justice Maureen Onyango found Jomo Kenyatta University of Agriculture and Technology (JKUAT), Technical University of Kenya (TUK) and Kenyatta University to be in breach of the law following a case filed by Universities Academic Staff Union (Uasu) last year.

AGENCY FEES

JKUAT will have to remit Sh12.9 million to Uasu as well as pay for the cost of the case, while TUK will also pay the cost of the case in addition to making remittances of any outstanding union dues and agency fees.

Justice Onyango said even though TUK paid Sh2.4 million in August last year, the court found that it had failed to make remittances as required by law.

Kenyatta University will also meet cost of the petition besides any outstanding union dues and agency fees.

This is after the university admitted to having paid the union dues intermittently.

However, The University of Nairobi agreed to remit the outstanding sum and pay cost of the suit while case against Moi, Kisii and Egerton universities was withdrawn after they settled the dues.

SH123 MILLION

In July last year, Uasu moved to court to compel the seven universities pay union dues and agency fees amounting to Sh123 million.

Uasu Secretary-General Constantine Wasonga had argued that universities had failed to remit union dues and agency fees yet they had deducted the same from their employees.

Uasu told the court that universities failure to remit union dues and agency fees is illegal, ultra vires and violated its rights under Article 41(2), (4) and (5) of the Constitution since the union was unable to engage in and administer union activities.