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ELRCDismissedNot stated in the judgment (appeal against decision of the National Labour Board/Registrar of Trade Unions communicated 27th November 2012)· [2014] KEELRC 408 (KLR)

Justus Aloo Ageka & 6 others (As Interim Officials of Kenya National Union of Cooperatives Staff) v Registrar of Trade Unions & 2 others [2014] KEELRC 408 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
27 June 2014
LNLINNET NDOLOMNMATHEWS NDERI NDUMA
1,488 words in judgment
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The bottom line

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Kenya's Employment Court refused to force a union to hand over member details, ruling the information was irrelevant to its registration appeal.

What this practically means

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Executive summary

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This is a ruling of the Industrial Court at Nairobi on an application dated 18th February 2014 by the 2nd Interested Party seeking disclosure from the Appellants of particulars relating to their proposed trade union, including details of interim officials, members, employers, payroll numbers, a certificate under Section 12 of the Labour Relations Act and Form A under Section 18. The Appellants had appealed against the decision of the Registrar of Trade Unions, communicated on 27th November 2012, declining registration of the proposed Union of Savings and Credit Cooperative Societies Workers on the ground that existing unions, notably the Kenya Union of Commercial Food and Allied Workers, were sufficiently representative of the sector. The Court, per Linnet Ndolo, Judge, held that its jurisdiction in union registration matters is appellate under Section 30 of the Labour Relations Act, requiring it to evaluate the Registrar's decision. Since the registration was refused solely because a sufficiently representative union existed - and not because of any failure to supply information or comply with formal requirements - the particulars sought were irrelevant to the appeal. The Court also noted the limits of the Article 35(1) right to information. The application was dismissed with costs to the Appellants, and the Respondent and both Interested Parties were directed to file responses to the appeal within 14 days.

Key legal issues

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01

Whether the 2nd Interested Party was entitled to discovery of particulars of the Appellants' officials and members in the appeal against refusal of trade union registration

Holding

The application was dismissed; the particulars were irrelevant to the appeal because the registration was refused solely on the ground that a sufficiently representative union already existed in the sector

Reasoning

The Court's appellate jurisdiction under Section 30 of the Labour Relations Act requires it to evaluate the Registrar's decision. The decision declining registration rested on sector representativeness, not on any deficiency in the information supplied. The particulars sought go to inquiries made or that ought to have been made before the Registrar and the National Labour Board, and Article 35(1) does not entitle a party to information not required for the exercise or protection of a right.

p. 4

Legal principles established

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  • The jurisdiction of the Industrial Court in matters of union registration is appellate in nature under Section 30 of the Labour Relations Act, and the Court is expected to evaluate the decision taken by the Registrar of Trade Unions.
  • Although Article 35(1) of the Constitution guarantees the right to information, information sought must be required for the exercise or protection of a right or fundamental freedom.

Court orders

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  1. 1.The 2nd Interested Party's application dated 18th February 2014 is dismissed with costs to the Appellants
  2. 2.The Respondent as well as the 1st and 2nd Interested Parties are directed to file their respective responses to the Appellants' appeal within 14 days from the date of delivery of the ruling

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 41(2)(c)
  • Constitution of Kenya, 2010Article 35(1)
  • Labour Relations ActSection 12
  • Labour Relations ActSection 14(1)(g)
  • Labour Relations ActSection 18
  • Labour Relations ActSection 31
  • Labour Relations ActSection 30

Cases cited (1)

  • Republic Vs Registrar of Trade Unions and Another ex parte Banking Insurance & Finance Union (BIFU) Kenya
    Miscellaneous Application No. 534 of 2002
On appeal from
Registrar of Trade Unions / National Labour Board
Jurisdiction invoked
Section 30 of the Labour Relations Act - appeal to the Industrial Court against a decision of the Registrar of Trade Unions

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Justus Aloo Ageka & 6 others (As Interim Officials of Kenya National Union of Cooperatives Staff) v Registrar of Trade Unions & 2 others [2014] KEELRC 408 (KLR)", Case Analysis (2014). Not stated in the judgment (appeal against decision of the National Labour Board/Registrar of Trade Unions communicated 27th November 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/408/eng@2014-06-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.