Public Transport Operators Union v Rwaken Investment Limited [2019] KEELRC 790 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 790
- Citation
- [2019] KEELRC 790 (KLR)
- Decided
- 16 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Motion to Strike Out Claimant's SuitCoramHellen S. Wasilwa
Holding
The Court dismisses the Respondent's Preliminary Objection and finds that the Claimant has the capacity to file the suit and that employees have the right to join a union of their choice.
Facts
The Claimant, Public Transport Operators Union (K), filed a suit on behalf of its members, including Respondent's employees. The Respondent contested the suit, claiming the Claimant had no capacity to file the suit and that the employees were not eligible to join the union.
Issues
- Claimant's capacity to file the suit
- Eligibility of Respondent's employees to join the union
Reasoning
The Court upholds the Claimant's right to file the suit and the employees' right to join any union, regardless of the union's sector.
Outcome
Claimant's suit is not struck out.
Orders
- Preliminary Objection dismissed
Authorities cited
Legislation (1)
- Article 41 of the Constitution of Kenya
Cases cited (1)
- Mukisa Biscuits Manufacturing Ltd Vs West
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…