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Wesley Tomno & 13 others v Registrar of Trade Unions & 3 others [2018] KEELRC 1884 (KLR)

[2018] KEELRC 1884 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1884
Citation
[2018] KEELRC 1884 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour RelationsPosturePreliminary ObjectionCoramHellen S. Wasilwa
Holding

The Preliminary Objection has merit and is allowed, dismissing the Petitioner's application.

Facts

Petitioners sought orders compelling the Registrar of Trade Unions to register the Kenya Health Professionals Union, but the Registrar denied registration due to the union being superfluous.

Issues

  1. Whether the matter is res judicata
  2. Whether the Petition is statutory barred
  3. Whether the orders sought are against public policy
  4. Whether the Application is an appeal brought in bad faith

Reasoning

The Court ruled that the Petition was res judicata as Justice Wa Makau had already dismissed the Petition for lack of merit in 2015.

Outcome

Dismissed

Authorities cited

Legislation (2)
  • Labour Relations Act No. 14 of 2007
  • Civil Procedure Act
Cases cited (1)
  • Ruling of Justice Wa Makau dated 29th July 2015
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.
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