Francis W. Ngarriuku & 18 others v Registrar of Trade Unions & another [2019] KEELRC 2411 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2411
- Citation
- [2019] KEELRC 2411 (KLR)
Summary at a glance
TypeJudicial ReviewPostureAppeal from the Registrar of Trade UnionsCoramHON. LADY JUSTICE HELLEN WASILWA, Kioko for Respondent, Migele holding brief Enonda for Appellants
The Registrar's decision to refuse to register the proposed union was valid and the appeal has no merit.
Facts
The Appellants, Francis W. Ngarriuku and 18 others, filed a Memorandum of Appeal against the Registrar of Trade Unions' decision to refuse to register their proposed Public Servants Union. The Respondent, the Registrar of Trade Unions, had previously authorized the Appellants to undertake lawful activities to establish a trade union, and they applied for registration in November 2011.
Issues
- The Registrar's refusal to register the proposed union is contrary to constitutional rights of freedom of association and fair hearing.
- The refusal is also contrary to the Labour Relations Act of 2007.
- The proposed union would be a parallel union to the Union of Kenya Civil Servants (UKCS), which is already representing public servants.
Reasoning
The court found that the proposed union would be a parallel union to the UKCS, which is already representing public servants. The court dismissed the appeal, stating that the right to registration of a trade union is not absolute and is limited by other rights and factors.
Outcome
Appeal dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…