M’Mbolo & 6 others (Suing on behalf of the Proposed Kenya Union of Special & Professional Guards) v Registrar of Trade Unions; Kenya National Private Security Workers Union & another (Interested Parties) (Appeal 5 of 2020) [2024] KEELRC 150 (KLR) (7 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 150
- Citation
- [2024] KEELRC 150 (KLR)
- Decided
- 7 February 2024
Summary at a glance
TypeAppealPostureAppeal from the Registrar of Trade Unions' decision to refuse registration of the proposed Kenya Union of Special & Professional GuardsCoramJ RADIDO
The Court allowed the appeal and ordered the Registrar to register the proposed union
Facts
The Appellants applied to the Registrar of Trade Unions for a Certificate of Recruitme on 7 May 2017, but the Registrar refused to register the proposed union. The Appellants appealed this decision, and the Kenya National Private Security Workers Union withdrew the appeal. The Appellants then sought to vacate a stay of the proceedings.
Issues
- Whether the Registrar's refusal to register the proposed union was lawful
- Whether the Appellants' appeal should be allowed
Reasoning
The Court found that the Registrar's refusal was not supported by evidence and was therefore unlawful.
Outcome
Appeal allowed
Orders
- Registrar to register the proposed Kenya Union of Special & Professional Guards
Authorities cited
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