Nahason Ndiamae & 9 others v Registrar of Trade Unions [2017] KEELRC 1301 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1301
- Citation
- [2017] KEELRC 1301 (KLR)
- Decided
- 19 May 2017
The court held that the decision to limit the right to freedom of association of the appellants is not justifiable and that the Registrar of Trade Unions did not provide compelling reasons to deny the appellants the right to form a union.
Facts
The appellants sought to register the Kenya Union of Secondary Schools Non-Teaching Staff, but the Registrar of Trade Unions refused registration due to the existence of the Kenya Union of Domestic Hotels, Educational Institutional, Hospitals and Allied Workers (KUDHEIHA) and the Kenya Union of Employees of Polytechnics, College and Allied Institutions.
Issues
- Whether the decision to limit the right to freedom of association of the appellants is justifiable in the circumstances of the case?
Reasoning
The court found that the existing unions are not sufficiently representative of the whole or substantial proportion of the interests of the secondary schools non-teaching staff, and that the fear of rivalry and industrial unrest is unfounded.
Outcome
Affirmed the decision of the Registrar of Trade Unions
Authorities cited
Legislation (2)
- Labour Relations Act 2007
- Constitution of Kenya 2010
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