Public Transport Operators Union v Rwaken Investment Limited [2019] KEELRC 790 (KLR)
The bottom line
#Kenya's Employment Court confirmed workers can join any union they choose, rejecting an employer's attempt to block a public transport union.
What this practically means
#Executive summary
#Key legal issues
#Capacity of the Claimant union to sue on behalf of the Respondent's employees
The Claimant had capacity; the Respondent's employees were entitled to join a union of their choice under Article 41
The Respondent argued the union, being for public transport operators, could not represent its workers. The court held that the constitutional right of employees to join a union of their own choice prevails, and an employer cannot fetter that right by objecting to the union's sector. The objection on capacity therefore failed.
Whether the Preliminary Objection met the Mukisa Biscuits threshold
The objection failed and was dismissed with costs in the cause
The Claimant submitted the objection was frivolous, vexatious and an abuse of process and did not meet the Mukisa Biscuits threshold. The court, having considered the averments of both parties, found no merit in the objection and dismissed it. The Respondent filed no submissions.
Legal principles established
#- An employer cannot fetter an employee's constitutional right to join a trade union of their choice, irrespective of the union's sector
Court orders
#- 1.The Preliminary Objection dated 13th March, 2019 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Article 41 of the Constitution of Kenya, 2010 (employment and labour relations jurisdiction); Articles 36 and 41 raised in submissions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Public Transport Operators Union v Rwaken Investment Limited [2019] KEELRC 790 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/790/eng@2019-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.