Adel W. Ottoman & 5 others (suing on behalf of themselves and all other members of the Medical Laboratory Officers Union) v Registrar of Trade Unions & 3 others [2018] KEELRC 1393 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1393
- Citation
- [2018] KEELRC 1393 (KLR)
- Decided
- 27 July 2018
Summary at a glance
TypeAppealPostureAppeal from the Registrar of Trade Unions' decision to deny registration of the proposed unionCoramRadido Stephen
The Court allows the appeal and orders the registration of the proposed union
Facts
The Appellants applied to register the Kenya National Union of Medical Laboratory Officers, but the Registrar of Trade Unions denied the application, citing objections from other unions. The Appellants appealed the decision.
Issues
- Whether the decision to deny registration was made by the National Labour Board or the Registrar of Trade Unions
- Whether section 14(1)(d) of the Labour Relations Act is consistent with the Constitution
Reasoning
The Court agrees with the Appellants that the decision to deny registration was not made by the Registrar of Trade Unions, but by the National Labour Board. The Court also finds that section 14(1)(d) of the Labour Relations Act is inconsistent with the Constitution.
Outcome
Appeal allowed
Orders
- Registration of the proposed union
- Each party to bear their own costs
Authorities cited
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