JIM NHLAPO MASEGE V SECRETARY GENERAL, AVIATION & ALLIED WORKERS UNION & ANOTHER [2013] KEELRC 299 (KLR)
The bottom line
#Kenya's Industrial Court ruled that a union Secretary General cannot cancel election results, and the Registrar must register duly elected officials once proper results arrive.
What this practically means
#Executive summary
#Key legal issues
#Lawfulness of the Claimant's election as Branch Secretary
The Claimant was duly elected Branch Secretary in elections held on 5th February 2011 supervised by the Ministry of Labour, and his candidacy was permitted by Clause 20(d) of the Union Constitution allowing non-members who pay the prescribed deposit to contest the Branch Secretary position.
The court found as common cause that the elections were conducted and supervised by a Ministry of Labour officer, and the results were transmitted to the Registrar of Trade Unions by the District Labour Officer. The Union Constitution expressly allowed a non-member to contest the Branch Secretary position upon payment of a Kshs.10,000 deposit and timely application, both of which the Claimant evidenced. The Respondent's allegation of ineligibility was not lawfully acted upon.
Authority of the Secretary General to omit an elected official from Form Q
The Secretary General had no lawful authority to omit the Claimant's name from Form Q; the conduct was mischievous, contrary to the Union Constitution and the Labour Relations Act 2007, and appeared driven by personal vendetta.
The court held that the Secretary General demonstrated no lawful power to nullify an election conducted under Section 34(1). The letter of 3rd February 2011 informing the Claimant of ineligibility was dubiously addressed (marked c/o Airline Branch with no address) and the Claimant denied receiving it. The court characterised the omission as mischievous and an improper injection of personal vendetta into public office.
Duty of the Registrar of Trade Unions
The Registrar was obliged to register all elected officials, including the Claimant, upon receipt of the results in the prescribed form from the returning officer; failure to do so was unlawful.
The Registrar did not file any response to the claim. The court emphasised that the Registrar is duty bound to act according to the law, and that registering the vacancy as though the Secretary position were vacant despite due election reflected badly on the integrity of the office. Registration was therefore directed within seven days.
Legal principles established
#- A Secretary General has no lawful authority to nullify the outcome of a union election conducted under Section 34(1) of the Industrial Relations Act, 2007.
- Once the Registrar of Trade Unions receives election results in the prescribed form from the returning officer, the Registrar is obliged to register all the elected officials including the Branch Secretary.
- Disputes ensuing from notification of elected officials under Section 34(3) are resolvable only by reference to the Industrial Court under Section 34(4).
Court orders
#- 1.Declaration that the Claimant was the lawfully elected Secretary of the Airlines Branch, Nairobi of the Aviation & Allied Workers Union on 5th February, 2011
- 2.The Registrar of Trade Unions to register the Claimant as Branch Secretary forthwith and in any event within 7 days of the judgment
- 3.The 1st Respondent to pay the costs of the suit
- Jurisdiction invoked
- Trade dispute over union elections under Section 34 of the Industrial Relations Act, 2007, with disputes arising from such elections referable to the Industrial Court under Section 34(4)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "JIM NHLAPO MASEGE V SECRETARY GENERAL, AVIATION & ALLIED WORKERS UNION & ANOTHER [2013] KEELRC 299 (KLR)", Case Analysis (2013). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/299/eng@2013-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.