Kenya Union Of Medical Proffesionals And Allied Staff (Kumpas) Represented By Its Promoters (Seth Panyako & 7 Others) v Registrar Of Trade Unions & another [2016] KEELRC 1511 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1511
- Citation
- [2016] KEELRC 1511 (KLR)
- Decided
- 22 March 2016
Summary at a glance
TypeAppealPostureAppeal from a decision refusing to register a proposed unionCoramMATHEWS N. NDUMA, PRINCIPAL JUDGE
The Registrar's decision was sound in law and fair in the circumstances of the case
Facts
The Kenya Union of Medical Professionals and Allied Staff (KUMPAS) sought registration as a trade union, but the Registrar of Trade Unions refused. The union seeks to represent medical practitioners and is opposed by four existing unions in the health sector.
Issues
- Whether the Registrar of Trade Unions acted fairly and in accordance with the law in refusing to register the Appellants' Union
- Whether the Appellants' freedom of association was infringed
- Whether KUDHEIHA would continue operating in the Hospital sector
Reasoning
The court found that the proposed union was not sufficiently representative of the interests of the health sector, as the existing unions adequately catered for the medical practitioners.
Outcome
Appeal dismissed with no order as to costs
Authorities cited
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