Peter Karegua Mwangi & 6 others v Registrar of Trade Unions & another; Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (Kudheiha Workers) (Interested Parties) [2021] KEELRC 1561 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1561
- Citation
- [2021] KEELRC 1561 (KLR)
- Decided
- 17 June 2021
Summary at a glance
TypeAppealPostureAppeal from the Registrar of Trade Unions' refusal to register the Kenya National Union of Pharmaceutical TechnologistsCoramMbaru
The Court finds that the Registrar of Trade Unions bears the onus of proving the validity of the reasons proffered for the refusal to register the interim union on a balance of probability.
Facts
The appellants sought to register the Kenya National Union of Pharmaceutical Technologists, but the Registrar of Trade Unions refused registration based on the grounds that there were too many unions in the health sector and that the Industrial Relations Charter of 1980 provides for recognition of trade unions along sector lines.
Issues
- Whether the grounds advanced by the Registrar of Trade Unions to refuse registration of the appellants are valid and reasonable.
- What remedies, if any, are available to the appellants.
Reasoning
The Court considered the reasons provided by the Registrar of Trade Unions and the evidence presented by the appellants, including the Constitution of the proposed union and the decision in Seth Panyako (2013) eKLR.
Outcome
The appeal is dismissed.
Authorities cited
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