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ELRCDismissedNot stated in the judgment· [2017] KEELRC 1707 (KLR)

Kenya Union of Soft Stone and Wood Carving Workers v Registrar of Trade Unions & another [2017] KEELRC 1707 (KLR)

Employment and Labour Relations Court
22 February 2017
HWHellen Wasilwa
3,161 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed the Registrar of Trade Unions can refuse a union's name or constitution change if legal requirements aren't met.

What this practically means

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Executive summary

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This was an appeal to the Employment and Labour Relations Court from the decision of the Registrar of Trade Unions of 12th October 2015 refusing to register changes to the Appellant union's constitution and name (from Kenya Union of Soft Stone and Wood Carving Workers to Kenya Carvers and Cabin Crew Union), made pursuant to Section 30 of the Labour Relations Act. The Appellants argued they had complied with Section 27, that the gazetted notice period had elapsed with only an out-of-time objection from Okweh Achando & Company Advocates on behalf of the Kenya Aviation Workers Union, and that the Registrar acted ultra vires by sitting on her own appeal, becoming an objector, and infringing the workers' rights under Article 41 of the Constitution and ILO Conventions 87, 98 and 135. The Respondent admitted the objection was out of time but maintained the refusal was lawful, designed to protect harmonious co-existence among trade unions and to prevent a mischievous recruitment of aviation sector members without following the proper procedure for representation. The court framed two issues: whether the Registrar's decision infringed the Appellants' rights, and what remedies were appropriate. It held that the Registrar gave written reasons under Section 27(9), that the constitution lacked suitable provisions protecting cabin crew sectoral interests as required by Section 14(2), and that the Article 41 right must be exercised within the confines of the law. The court found the Registrar exercised her discretion properly and dismissed the appeal with costs to the Respondent on 22nd February 2017.

Key legal issues

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Whether the Registrar's refusal to approve the amendment of the union's constitution and change of name infringed the Appellants' rights

Holding

The Registrar did not infringe the Appellants' rights; she lawfully exercised her discretion under Sections 27, 14 and 18 of the Labour Relations Act to refuse approval

Reasoning

The Registrar gave written reasons in her letter of 3rd November 2014, noting there was no nexus between wood carving and soft stone making on the one hand and cabin crew on the other. The applicable registration requirements under Sections 14(1)(d) and 18(4) were not met because another union already represented aviation workers and the constitution lacked suitable sectoral provisions protecting cabin crew interests. The right under Article 41 must be exercised within the confines of the law.

p. 7

Legal principles established

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  • The right to form, join and participate in a trade union under Article 41 must be exercised within the confines of the law, and the Registrar of Trade Unions may lawfully refuse to approve a change of name or constitution where the statutory requirements for registration are not met.

Court orders

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  1. 1.The Appeal is dismissed with costs to the Respondent.

Authorities

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Legislation

  • Labour Relations ActSection 30
  • Labour Relations Act, 2007Section 27
  • Labour Relations Act, 2007Section 4
  • Labour Relations ActSection 18(4)
  • Labour Relations ActSection 14(1)(d) and 14(2)
  • Constitution of Kenya, 2010Article 41
  • Constitution of Kenya, 2010Article 2(5) and (6)
  • Constitution of Kenya, 2010Article 159(2)(d)

Cases cited (2)

  • Abdirahman Abdi alias Abdirahman Muhumed Abdi vs. Safi Petroleum Products Ltd & 6 Others
    Nairobi Civil Application No. 173 of 2010
  • Republic Vs. the Registrar of Trade Unions and Banking Insurance Union
    Nairobi Civil Application Number 298 of 1986
On appeal from
Registrar of Trade Unions
Legal Notice No. 1661 of 2015 proceedings
Jurisdiction invoked
Section 30 of the Labour Relations Act

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, "Kenya Union of Soft Stone and Wood Carving Workers v Registrar of Trade Unions & another [2017] KEELRC 1707 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1707/eng@2017-02-22

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