Kenya National Union of Teachers v Lagat & another (Civil Appeal 83 of 2017) [2022] KECA 810 (KLR) (24 June 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 810
- Citation
- [2022] KECA 810 (KLR)
- Decided
- 24 June 2022
The appeal is upheld, and the Registrar of Trade Unions' decision to deny the respondents' application for a certificate of recruitment to the intended union is set aside.
Facts
The Kenya National Union of Teachers (appellant) sought to register a trade union (KTC) but was denied by the Registrar of Trade Unions due to the already sufficiently represented unions. The respondents (Lagat and Mbate) appealed this decision to the Employment and Labour Relations Court, which ruled in their favor.
Issues
- Whether the Registrar of Trade Unions can decline to register a proposed trade union
- Interpretation of Sections 12, 13, and 14 of the Labour Relations Act
Reasoning
This Court interprets Sections 12, 13, and 14 of the Labour Relations Act to mean that the Registrar of Trade Unions cannot decline to register a proposed trade union in isolation. The registration process involves five steps, and the Registrar has discretion to issue or not issue the certificate of recruitment.
Outcome
Appeal upheld
Orders
- The judgment of the Employment and Labour Relations Court is set aside
- The Registrar of Trade Unions is ordered to reconsider the application for registration of the Kenya Teachers Congress (KTC)
Authorities cited
Legislation (1)
- Labour Relations Act
Cases cited (2)
- Selle v Associated Motor Boat & Co
- Charles Salano & 9 others (Proposers & Promoters of Kenya Supermarkets Workers Union) v Registrar of Trade Unions & another
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