Renson Ngoma Mtungu & 6 others v Registrar of Trade Unions & another [2016] KEELRC 288 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court confirmed the Registrar can refuse to register a new trade union where existing unions already adequately represent the sector's workers.
What this practically means
#Executive summary
#Key legal issues
#Lawfulness of refusal to register the proposed union
The refusal was lawful and justified because the sector was already sufficiently represented by registered unions including the interested party, KUEIW and KSCWWU
Article 41(2)(c) guarantees every worker the right to form or join a trade union, but that right is subject to Article 24 limitation. Section 14(1)(d)(i) of the LRA bars registration where an existing union sufficiently represents the sector's interests. The court found the appellants had not proved insufficient representation on a balance of probability, and that registration would create disharmony and competition for members.
Whether consulting the National Labour Board vitiated the decision
The respondent acted within the law; section 31 of the Labour Institutions Act requires the Registrar to act on the Board's advice
Section 31 of the LIA places responsibility for registration of trade unions on the Registrar but obliges her, in exercising powers relating to registration and regulation, to act on the advice of the Board. The objection that the Board was not impartial because it includes General Secretaries of trade unions was rejected, and in any event the respondent did not refuse registration solely because she was bound by the Board's advice.
Joinder of objecting unions
The objecting unions ought to have been enjoined as respondents or interested parties, though the omission was not fatal since the appeal was dismissed
The court observed as a parting shot that the trade unions named as objectors before the Registrar should have been enjoined in the appeal. Had the appeal succeeded, the omission would have been prejudicial because they would have been condemned unheard. Since the appeal failed, the observation did not affect the outcome.
Legal principles established
#- The burden lies on the applicant for registration of a trade union to prove that workers in the sector are not sufficiently represented by existing registered unions
- Section 14(1)(d)(i) of the Labour Relations Act is a reasonable limitation of the Article 41 right to form or join a trade union
- The Registrar of Trade Unions lawfully acts on the advice of the National Labour Board in registration matters
Court orders
#- 1.The appeal is dismissed
- 2.No orders as to costs
- On appeal from
- Registrar of Trade Unions (administrative decision)
- Jurisdiction invoked
- Appeal against the Registrar's refusal to register a trade union under the Labour Relations Act; no specific constitutional or statutory provision stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Renson Ngoma Mtungu & 6 others v Registrar of Trade Unions & another [2016] KEELRC 288 (KLR)", Case Analysis (2016). Appeal from refusal of registration of trade union (IC appeal; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/288/eng@2016-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.