John Githua Mbate& 2 others v Registrar of Trade Unions & another [2018] KEELRC 1738 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1738
- Citation
- [2018] KEELRC 1738 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Registrar of Trade Unions' decision to refuse registration of the Kenya Teachers CongressCoramAnother Rika, KLR Nduma, Kantai, Mbaru, Nduma, Rika, Wooding
Holding
The court held that the refusal of the Registrar of Trade Unions to register the Kenya Teachers Congress was not unconstitutional and invalid, and that the Appellants' rights were not infringed.
Facts
The Kenya Teachers Congress, proposed by John Githua Mbate, Stephen Otundoh Moriasi, and Onesmus Nzuve Ndivo, was refused registration by the Registrar of Trade Unions on October 30, 2017. The Appellants claim this decision infringes their constitutional rights to association and to form, join, and participate in a trade union of their choice.
Issues
- Whether the Registrar of Trade Unions subordinated herself to the National Labour Board in the refusal to register the proposed union
- Whether the refusal by the Registrar of Trade Unions was tantamount to a denial of the Appellants' rights under Articles 36 and 41 of the Constitution and therefore unconstitutional and invalid
- Who is to bear the costs of the appeal
Reasoning
The court found that the refusal was not ultra vires the Constitution and did not deny the Appellants' rights to association and representation by a trade union of their choice.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Labour Relations Act
- Constitution of Kenya
Cases cited (1)
- Kenya Concrete, Structural, Ceramics, Tiles, Wood Plys and Interior Designs Workers Union v Registrar of Trade Unions & Another Rika J.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…