Wilson O. Onduto (Suing as the Secretary Elect, Kenya Scientific Research International Technical Institute Workers Union (Nairobi Branch) & 2 others v Martin J. Oduor (Sued as the Secretary General, Kenya Scientific Research International Technical Institutions Workers Union) & another [2016] KEELRC 71 (KLR)

Summary at a glance

Facts

The Claimants are the Secretary Elect and the Chairman of the Kenya Scientific Research International Technical Institute Workers Union (Nairobi Branch). The Respondent is the Secretary General of the same union. The Claimants sought an order compelling the Respondent to sign Form 'Q' for the Nairobi Branch elections.

Issues

• The Respondent's failure to sign Form 'Q'
• Abuse of statutory office by the Respondent

Reasoning

The Court found that the Respondent failed to comply with the Labour Relations Act and abused his statutory office by declining to sign Form 'Q'.

Outcome

The Respondent was ordered to complete, sign, and transmit Form 'Q' by the specified deadline.

Orders

• The 1st Respondent, Martin J. Oduor is directed to complete, sign and transmit to the Registrar of Trade Unions Form ‘Q’ on account of the 2nd Respondent's Nairobi Branch elections by close of business on Monday, 16th May 2016.
• The Registrar of Trade Unions is directed to receive, accept and act on the said Form ‘Q’ notwithstanding the fact that the fourteen (14) days' deadline provided under Section 34(3) of the Labour Relations Act has lapsed. Time is therefore accordingly enlarged.
• The 1st Respondent will personally pay the costs of this application.