Charles A.J Osicho, Peter Nguma Matheka, Joseph Odimo, George Makau, Stephen Keke, Paul Oketch Nyasuga & Tony Omondi (All Suing on Behalf of the Proposed Kenya Union of Road Costruction and Civil Engineering Workers) v Registrar of Trade Unions; Kenya Building Construction Timber and Furniture Industries Employees Union (Interested Party) (Appeal 18 of 2019) [2019] KEELRC 396 (KLR) (Employment and Labour) (8 November 2019) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 396
- Citation
- [2019] KEELRC 396 (KLR)
- Decided
- 8 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from refusal to register a proposed trade unionCoramBYRAM ONGAYA
Holding
The Court finds in favor of the appellants, declaring the refusal invalid and ordering the registration of the proposed trade union
Facts
The appellants sought to register the Kenya Union of Road Contractors and Civil Engineering Workers (KURCUCEW), but the Registrar of Trade Unions refused registration based on various grounds.
Issues
- Whether the refusal to register the proposed trade union was in accordance with the Labour Relations Act, 2007
- Whether the proposed union is sufficiently representative of the workers it seeks to represent
Reasoning
The Court rules that the proposed union is sufficiently representative of the workers it seeks to represent, contrary to the Registrar's decision.
Outcome
Appeal successful
Orders
- Declaration that the refusal was bad in law
- Compulsory registration of the proposed trade union
- Payment of costs of the appeal
Remedies
- Declaration of invalidity of refusal
- Compulsory registration of the proposed trade union
- Payment of costs of the appeal
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
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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