Wesley Tomno & 13 others v Registrar of Trade Unions & 3 others [2018] KEELRC 1884 (KLR)
The bottom line
#A Kenyan court refused to let a union reopen its failed registration case through amendments, confirming you must appeal or file a fresh suit instead.
What this practically means
#Executive summary
#Key legal issues
#Res judicata in respect of an application to amend a Petition previously dismissed
The Preliminary Objection succeeds; the Petition was already determined by Justice Wa Makau's ruling of 29th July 2015 declining registration of the proposed union, and the amendment application is res judicata
The court compared the orders sought in the Petition (compulsory registration of KHPU) with the orders sought in the proposed Amended Petition (quashing of the Registrar's decision and registration). Since Justice Wa Makau had already dismissed the application for registration on the merits, holding the proposed union superfluous, an amendment could not reopen that determination; the only avenues were an appeal or a fresh suit.
Legal principles established
#- A matter already determined by a ruling of the court cannot be revived by amendment to the pleading; the remedy is an appeal or a fresh suit
Court orders
#- 1.The Preliminary Objection filed by the Respondents on 26/1/2018 is allowed
- 2.The Petitioner's application is dismissed
- Jurisdiction invoked
- Article 162(2) of the Constitution (invoked by Petitioners); Labour Relations Act No. 14 of 2007; Civil Procedure Act Sections 7 and 8
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wesley Tomno & 13 others v Registrar of Trade Unions & 3 others [2018] KEELRC 1884 (KLR)", Case Analysis (2018). Petition No 61 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1884/eng@2018-05-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.