Francis Amina Juma v Registrar of Trade Union & another [2018] KEELRC 723 (KLR)

Section 31(1) of the Labour Relations Act requires officials to be persons engaged or employed in the sector. Section 31(4)(a) permits the general secretary to be a person not engaged in the sector. Rule 11:9 of the Union's constitution exempts union staff from the membership conditions for non-members. The 2nd respondent worked at a petrol station for two years and for the union since 2004, making him eligible. No objection on eligibility had been raised with the Registrar within 30 days as required by law.

The petitioner never lodged an objection with the Registrar over the election or registration of the 2nd respondent within the 30 days required by Section 30 of the Labour Relations Act. Relying on the respondents' authorities, the court found the statutory scheme (Labour Relations Act) should not be circumvented by a direct constitutional petition. The same eligibility issue had already been dismissed as premature in Petition No. 1 of 2018 (Makau J).

The Union's own constitution (Rule 18:3) provides for branch bank accounts. Minutes of 21st June 2014 resolved to open the account with the Branch Secretary, Chairman and Treasurer as signatories, and the then National General Secretary authorized the opening. The petitioner annexed statements but did not identify any unauthorized withdrawal. The allegations of fraudulent opening and misuse of funds were therefore not proved.

The petitioner did not prove his letter of interest was received by the 2nd respondent, did not follow up, and did not rebut the averment that he was not a union member by virtue of his job grade at Kenya Pipeline Company. The Registrar responded to complaints by letter dated 8th March 2018, so there was no violation of fair administrative action; rejection of a complaint is not ignoring it. Registration of the 2nd respondent did not demonstrate discrimination against the petitioner.