Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in judgment· [2019] KEELRC 790 (KLR)

Public Transport Operators Union v Rwaken Investment Limited [2019] KEELRC 790 (KLR)

Employment and Labour Relations Court
16 September 2019
593 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

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

#
The court determined a Notice of Preliminary Objection dated 13th March 2019 raised by the Respondent against a claim filed by the Public Transport Operators Workers Union (K). The Respondent advanced four grounds: that the Claimant union, being a union for public transport operators, had no capacity to file the suit on behalf of the Respondent's employees; that the Amended Notice of Motion lacked a valid Supporting Affidavit; that the Respondent's employees could not be forced to join the said union; and that the Claimant had not complied with an earlier order to pay Kshs. 10,000 in costs. The Claimant filed submissions describing the objection as frivolous, vexatious and an abuse of court process, asserting that it was a registered trade union which had recruited 43 of the Respondent's employees between October 2017 and May 2018. It explained that a Legal Notice dated 8th May 2014 contained an error in the union's name, acknowledged by the Ministry of Labour and Social Protection, which necessitated amendment of its pleadings. It invoked Articles 36 and 41 of the Constitution on freedom of association, and cited the Mukisa Biscuits threshold for preliminary objections. The Respondent filed no submissions. Justice Hellen Wasilwa held that Article 41 guarantees every employee the right to join a union of their own choice, and that an employer cannot fetter that right regardless of the union's sector. Finding no merit in the objection, the court dismissed it and ordered costs in the cause. The judgment was delivered in open court on 16th September 2019.

Key legal issues

#
01

Capacity of the Claimant union to sue on behalf of the Respondent's employees

Holding

The Claimant had capacity; the Respondent's employees were entitled to join a union of their choice under Article 41

Reasoning

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.

p. 2
02

Whether the Preliminary Objection met the Mukisa Biscuits threshold

Holding

The objection failed and was dismissed with costs in the cause

Reasoning

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.

p. 2

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. 1.The Preliminary Objection dated 13th March, 2019 is dismissed
  2. 2.Costs in the cause

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 41
  • Constitution of Kenya, 2010Article 36

Cases cited (2)

  • Mukisa Biscuits Manufacturing Ltd Vs West End Distributors
    (1969) EA 696
  • Attorney General (Sued for and on behalf of the Ministry of Lands) & 2 Others Ex parte South and General (Thika) Investments Limited & Another
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.