Munir Masoud & 6 others v Registrar of Trade Unions & another [2012] KEELRC 2 (KLR)

Summary at a glance

Facts

The Tax Collectors Union applied for registration on 21st January 2002, but was rejected by the Registrar of Trade Unions. The union sought registration again on 10th December 2010, which was also rejected.

Issues

• Whether the appellant's application was lodged procedurally and whether the same was technically and legally sound.
• Whether the appellants were given a fair hearing before their application for registration was rejected.
• Whether the Respondent was justified in law and in fact to refuse the registration of the appellants union.
• Who should meet the costs of this suit?

Reasoning

The Court found that the appellants complied with the registration requirements set out in the Labour Relations Act and that the Respondent was not justified in refusing the registration.

Outcome

The Court quashed the decision to refuse registration and ordered the Registrar of Trade Unions to register the Tax Collectors Union.

Orders

• That the decision by the Respondent refusing to register the appellant dated 10th December 2010 be quashed.
• That an order do issue against the Respondent, to register the Tax Collectors Union.

Remedies

• Registration of the Tax Collectors Union

Authorities cited