Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union (Represented by Its Promoters Angoya & 6 others) v Registrar of Trade Unions ; Kenya Building,Construction, Timber, Furniture and Allied Industries Employees Union(Interested party) (Appeal 10 of 2011) [2013] KEIC 524 (KLR) (9 December 2013) (Judgment)
- Court
- Industrial Court
- Case number
- 524
- Citation
- [2013] KEIC 524 (KLR)
- Decided
- 9 December 2013
The Appeal is allowed, and the Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union is granted registration.
Facts
The Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union applied for registration, but the Registrar of Trade Unions denied their application. The Interested Party, Kenya Building, Construction, Timber, Furniture and Allied Industries Employees Union, objected to the registration.
Issues
- Whether the Registrar of Trade Unions acted fairly and reasonably in denying the Appellants' registration
- Whether the Appellants' Trade Union would be duplicating the role of the Interested Party
Reasoning
The Court found the Registrar did not exercise his role independently, judiciously, and fairly. The expanding building and construction sector requires qualitative and quantitative representation, and the Appellants' Trade Union has members and potential for recruitment in areas not reached by the Interested Party.
Outcome
Appeal allowed
Orders
- Registration of the Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union is granted from the date of this Judgment
- Registrar of Trade Unions shall enter the name and details of the Appellants' Trade Union in the appropriate register
Authorities cited
Legislation (1)
- Labour Relations Act 2007
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