Wesley Tomno & 10 others v Registrar of Trade Unions & another [2015] KEELRC 708 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 708
- Citation
- [2015] KEELRC 708 (KLR)
Summary at a glance
TypeLabor Relations DisputePosturePetition for Mandatory Orders to Register a Trade UnionCoramNzioki wa Makau
The Court dismissed the petition as the Petitioners had not applied for the registration of the proposed trade union as required under Section 13 and 14 of the Labour Relations Act.
Facts
The Petitioners, including Wesley Tomno, Jamilla Wamwiri, and others, sought an order compelling the Registrar of Trade Unions to register the Kenya Health Professionals Union (KHPU) and issue a certificate of registration. The KHPU was alleged to be facing violations of the Constitution of Kenya and the Labour Relations Act.
Issues
- Freedom of Association under Article 36 of the Constitution of Kenya
- Labor Rights under Article 41 of the Constitution of Kenya and Part II Section 4 of the Labour Relations Act 2007
Reasoning
The Court found that the Petitioners had not complied with the procedural requirements for the registration of a trade union as stipulated in the Labour Relations Act.
Outcome
The Petition was dismissed
Authorities cited
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