Momanyi & 8 others v Aviation and Airport Services Workers Union & 2 others; Yegon & 18 others (Intended Interested Party) (Petition E162 of 2021) [2023] KEELRC 160 (KLR) (31 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 160
- Citation
- [2023] KEELRC 160 (KLR)
- Decided
- 31 January 2023
Summary at a glance
TypeLabour RelationsPostureAppeal from the original trialCoramJAMES RIKA
The Petition is in abuse of the process of the Court and the Applications are declined.
Facts
The Petitioners were members of a dissolved Trade Union, the 1st Respondent, which was registered to represent the aviation industry. The Petitioners challenged the dissolution of the Trade Union, seeking a declaration that the procedure was in violation of their rights and that the dissolution was null and void.
Issues
- Whether the Petitioners' challenge to the dissolution of the Trade Union is valid.
- Whether the Petitioners should be joined in the Petition and the Applications.
- Whether the Petitioners' Petition is in abuse of the process of the Court.
Reasoning
The Petitioners did not appeal the Registrar's decision to dissolve the Trade Union within the prescribed time frame. The dissolution of the Trade Union took effect from the date of its registration, and the Petitioners cannot sustain their Petition against the dissolved Trade Union.
Outcome
The Petition is declined.
Orders
- The 2 Applications by the Intended Interested Parties are declined.
- The Petition is declined.
Authorities cited
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