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ELRCStruck OutAppeal No 21 of 2016· [2018] KEELRC 2509 (KLR)

Union of Management Staff (Kenya) v Registrar of Trade Unions [2018] KEELRC 2509 (KLR)

Employment and Labour Relations Court
26 January 2018
LNLINNET NDOLOMOMAUREEN ONYANGO
716 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court struck out a union's registration appeal because it missed the 30-day deadline and lacked legal capacity to sue.

What this practically means

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Executive summary

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The Union of Management Staff (Kenya) appealed to the Employment and Labour Relations Court against the decision of the Registrar of Trade Unions dated 25 April 2016 refusing to register it as a trade union. The Appellant had obtained a certificate of recruitment on 3 July 2014, recruited members, paid fees and submitted the required documents; after gazettement, an objection by the Kenya County Government Workers Union was lodged and answered, but registration was refused following rejection of the application by the National Labour Board on the ground that there was no clear indication of who the employers in the sector would be. The Respondent raised two preliminary points: that the appeal was filed out of time without leave, and that the Appellant was a non-existent entity incapable of suing or being sued. The Court rejected counsel's characterisation of these points as mere technicalities, holding that Section 30 of the Labour Relations Act imposes a 30-day limit for challenging the Registrar's decisions and that the Appellant never sought extension of time. On capacity, the Court held that a certificate of recruitment under Section 12 is only a step towards registration and confers no legal capacity; the Appellant, having been refused registration, was not a registered trade union capable of suing or being sued when it filed the appeal. The appeal was found fatally defective and struck out with no order for costs.

Key legal issues

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01

Whether the appeal was filed out of time

Holding

The appeal was out of time under Section 30 of the Labour Relations Act and no extension of time was sought

Reasoning

Section 30 prescribes a 30-day window to challenge a Registrar's decision. The Appellant did not seek extension of time, so the Court had no opportunity to evaluate the reasons for the delay. Counsel's invocation of technicalities was rejected because the statutory time limit is substantive.

p. 2
02

Whether the Appellant had capacity to institute the appeal

Holding

A prospective union holding only a certificate of recruitment lacks legal capacity to sue or be sued

Reasoning

The certificate of recruitment under Section 12 is merely part of the process towards registration; it is neither registration nor a guarantee of registration. Having been refused registration, the Appellant was not a registered trade union capable of suing or being sued when it filed the appeal.

p. 2

Legal principles established

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  • A certificate of recruitment issued under Section 12 of the Labour Relations Act does not confer legal capacity on a proposed trade union
  • The 30-day time limit under Section 30 of the Labour Relations Act to challenge a Registrar's decision is mandatory and non-compliance without leave is fatal

Court orders

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  1. 1.The appeal is struck out
  2. 2.No order for costs
On appeal from
Registrar of Trade Unions
Jurisdiction invoked
Section 30 of the Labour Relations Act (appeal against decision of the Registrar of Trade Unions)

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, "Union of Management Staff (Kenya) v Registrar of Trade Unions [2018] KEELRC 2509 (KLR)", Case Analysis (2018). Appeal No 21 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2509/eng@2018-01-26

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