Justus Aloo Ogeka & 6 others (As Interim Officials of Kenya National Union of Cooperative Aff) v Registrar of Trade Unions [2014] KEELRC 770 (KLR)
The bottom line
#Kenya's Industrial Court froze registration of a rival cooperative-sector union until an appeal over a refused union registration is decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal against the National Labour Board's refusal to register the Kenya National Union of Cooperative Staff is arguable
The appeal raises substantive points of law and fact meriting inquiry; it is arguable and not frivolous.
Applying the Reliance Bank and Syner-Med standards, the court at the interlocutory stage does not decide whether the appellant's case will ultimately succeed, but only whether a prima facie case is raised. The Appellants raised bad faith on the part of the Registrar, who initiated registration of a second union for the same sector despite having declined registration of the Appellants' union on KUCFAW's objection - and KUCFAW objected to the new union as well. This merited the court's attention.
Whether the nugatory test and interests of justice favour a stay of the registration proceedings
It is in the interest of justice to stay the registration proceedings, since registration of the new union for the same sector could pre-empt the appeal and result in industrial chaos.
The cooperative sector intended for representation by the new union is the same sector intended for the Appellants' union. If the appeal succeeded after registration of the new union, two unions would seek to represent the same sector, resulting in industrial chaos. The Registrar, though duly served, filed no reply and did not appear, so the court could not hear him on why he initiated the new registration process. The stay was therefore granted in the interest of justice.
Legal principles established
#- The conditions for stay pending appeal are that the appeal is arguable (not frivolous) and that, if stay is refused, the appeal would be rendered nugatory were it to succeed.
- At the interlocutory stage the court does not determine whether the appeal will succeed, only whether it raises a prima facie case meriting the court's time and attention.
Court orders
#- 1.Stay of all proceedings commenced by the Registrar of Trade Unions vide Gazette Notice No 12746 of 6th September 2013 towards registration of the Union of Savings and Credit Cooperative Societies Workers pending determination of the Appellants' appeal
- 2.The Registrar of Trade Unions to file a reply to the appeal within 21 days from the date of the ruling
- 3.The appeal to be served upon the Kenya Union of Commercial Food and Allied Workers and the Banking Insurance and Finance Union, who are to file their respective replies within 21 days from the date of the ruling
- 4.No order for costs
- On appeal from
- National Labour Board
- Jurisdiction invoked
- Appeal against the decision of the National Labour Board declining registration of a trade union; interlocutory jurisdiction to grant stay of proceedings pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Justus Aloo Ogeka & 6 others (As Interim Officials of Kenya National Union of Cooperative Aff) v Registrar of Trade Unions [2014] KEELRC 770 (KLR)", Case Analysis (2014). Case No. 937 of 2002 (appeal pending before the Industrial Court; application dated 3rd October 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/770/eng@2014-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.