Nicky Njuguna & 3 others v Registrar Of Trade Unions & another [2015] KEELRC 834 (KLR)

The court held that section 12 of the Labour Relations Act sets out steps for registration and requires the Registrar to issue a certificate or notice of rejection within 30 days. Aggrieved applicants may appeal under section 28(5) to the National Labour Court, being the Court established under the Labour Institutions Act, now the Employment and Labour Relations Court under Article 162. The court relied on its prior decision in Appeal No. 7 of 2011 (KEFHAU v Registrar of Trade Unions & KPAWU) to reject the respondent's submission that mandamus by judicial review was the proper route, noting labour relations actors have deliberately separate dispute resolution procedures.

The court found that by filing the Memorandum of Appeal on 5th March 2007 the applicants had already effectively challenged the decision or lack of decision of the Registrar under section 12 of the Labour Relations Act, and the ruling of 14th June 2013/2014 dealt with the refusal to register the Kenya Police Union. Seeking a certificate to promote the proposed Union via a fresh application would revisit the appeal already on record. Piecemeal litigation of the refusal would defeat the essence of the Memorandum of Appeal. The application was therefore dismissed with each party bearing their own costs.

The court acknowledged there was a ruling and order of 14th June 2013 against the Registrar and that an appeal against it was pending before the Court of Appeal (Nairobi Civil Appeal No. 251 of 2014) without a stay. However, it held that enforcement of Court orders is regulated in law, and the applicants had not employed the proper procedure; the present application was therefore not a valid means of enforcing the ruling and orders.