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ELRCOtherAppeal No. 26 of 2016· [2018] KEELRC 2159 (KLR)

Murdock Owuor & 10 others (all suing as the proposers of the proposed Kenya Union of Technical and Vocational Education Trainers) v Registrar of Trade Unions & 3 others [2018] KEELRC 2159 (KLR)

Employment and Labour Relations Court
6 April 2018
RSRadido Stephen
370 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court paused its own judgment after discovering the trade union regulator withheld key facts about a rival union's registration.

What this practically means

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Executive summary

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This is a suo motu directions ruling issued by Radido J in an appeal under Section 30 of the Labour Relations Act brought by eleven proposers of the proposed Kenya Union of Technical and Vocational Education Trainers against the Registrar of Trade Unions, with three Interested Parties joined. Submissions had been highlighted and judgment reserved to 4 May 2018. In the course of preparing the judgment, the Court identified anomalies and non-disclosure of material facts and documents by the Respondent which it held made it impossible to do justice to the parties. The Court noted that the Respondent admitted issuing a certificate of registration in respect of the union to the Interested Parties, yet there was no disclosure of whether the Interested Parties were part of the promoters or applicants for registration of the trade union, a matter the Court considered to go to the root of the pending appeal. The Court further observed that the Respondent did not attach a legible copy of the document referred to as 'ENG 8' in her replying affidavit or a copy of the certificate issued. Additionally, there was no evidence that the Interested Parties had been served with the Amended Memorandum of Appeal, and none of the parties drew the Court's attention to this question; whether the omission was deliberate or a genuine mistake was left at large. On its own motion, the Court directed the Deputy Registrar to issue summons to the Appellants and Respondent to appear on 11 April 2018 for appropriate directions. The direction was issued and dated in open Court in Nairobi on 6 April 2018.

Key legal issues

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01

Non-disclosure of material facts by the Respondent

Holding

The Court found non-disclosure by the Respondent of material facts, including issuance of a certificate of registration to the Interested Parties, making it impossible to do justice to the parties.

Reasoning

In preparing the reserved judgment, the Court noted the Respondent admitted issuing a certificate of registration to the Interested Parties, but did not disclose whether they were part of the promoters or applicants for registration. The Respondent also failed to attach a legible copy of the 'ENG 8' form or the certificate. These omissions went to the root of the appeal, warranting suo motu directions for the parties to appear.

p. 2
02

Service of the Amended Memorandum of Appeal on the Interested Parties

Holding

There was no evidence of service of the Amended Memorandum of Appeal on the Interested Parties, and none of the parties drew the Court's attention to the issue.

Reasoning

The Court observed there was no evidence the Interested Parties were served with the Amended Memorandum of Appeal, and no party raised the question. The Court could not determine whether this was deliberate or a genuine mistake, which contributed to its decision to summon the parties for directions before delivering judgment.

p. 2

Legal principles established

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    Court orders

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    1. 1.The Deputy Registrar to issue summons to the Appellants and Respondent to appear in Court on 11 April 2018 for appropriate directions

    Authorities

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    Legislation

    • Labour Relations ActSection 30
    Jurisdiction invoked
    Appeal under Section 30 of the Labour Relations Act No. 14 of 2007

    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, "Murdock Owuor & 10 others (all suing as the proposers of the proposed Kenya Union of Technical and Vocational Education Trainers) v Registrar of Trade Unions & 3 others [2018] KEELRC 2159 (KLR)", Case Analysis (2018). Appeal No. 26 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2159/eng@2018-04-06

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