Samuel Kithome (Member) & 4 others v Registrar of Trade Unions; Transport Workers Union Kenya (Interested Party) [2019] KEELRC 1471 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1471
- Citation
- [2019] KEELRC 1471 (KLR)
- Decided
- 17 May 2019
The appeal is dismissed with costs as the Registrar of Trade Unions properly exercised its powers under the constitution to disband the Airport Branch of the Transport Workers Union Kenya due to lack of membership.
Facts
The appellants challenged the Registrar of Trade Unions' decision to dissolve the Airport Branch of the Transport Workers Union Kenya. The branch had not been operating for over a year and had no members. The Registrar found that the branch had no members and that the branch officials had been registered by the Registrar on July 20, 2016.
Issues
- Whether the Registrar of Trade Unions had the legal authority to dissolve the Airport Branch of the Transport Workers Union Kenya
- Whether the Registrar's decision was in accordance with the Union's constitution and the Labour Relations Act, 2007
Reasoning
The court ruled that the Airport Branch had no members and that the branch officials had been registered by the Registrar on July 20, 2016. The court found that the Registrar acted within the bounds of the constitution and the Labour Relations Act, 2007.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs
Authorities cited
Legislation (2)
- Labour Relations Act, 2007
- Interested Party's Constitution
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