Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedJudicial Review No. 77 of 2017 (Consolidated with Appeal No. 11 of 2016)· [2019] KEELRC 2411 (KLR)

Francis W. Ngarriuku & 18 others v Registrar of Trade Unions & another [2019] KEELRC 2411 (KLR)

Employment and Labour Relations Court of Kenya
29 January 2019
HWHellen S. Wasilwa
3,791 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment and Labour Relations Court upheld the Registrar's refusal to register a proposed Public Servants Union because existing unions already represented those workers.

What this practically means

#

Executive summary

#
The Appellants, interim officers and proposers of the Proposed Public Servants Union, appealed under Section 30 of the Labour Relations Act against the Registrar of Trade Unions' decision refusing to register their union. They applied for registration in November 2011, complied with statutory formalities, and the application was gazetted in February 2012. The Union of Kenya Civil Servants (UKCS), the Interested Party, objected. Following a prior court order directing the Registrar to decide, the Registrar refused registration in April 2016 on the advice of the National Labour Board, which found that public servants were already represented by UKCS. The Appellants argued violations of Articles 36, 41 and 47 of the Constitution and relied on authorities where courts had ordered registration despite similar objections. The Respondent submitted that the Registrar was bound by the Board's advice and that Section 14(1)(d) of the Labour Relations Act limits registration where an existing union sufficiently represents the interests sought. The Interested Party maintained that the sector was already sufficiently represented and that the proposers were disgruntled former members. The court held that labour rights are not absolute and are subject to limitation under Article 24 of the Constitution. It found the proposed union amorphous, without proper boundaries, and overlapping with existing public sector unions, and that the Registrar's decision was valid. The appeal was dismissed with costs to the Respondents.

Key legal issues

#
01

Whether refusal to register the union infringed the right to freedom of association

Holding

The refusal was valid; the right to form a union is subject to limitation under Article 24 where interests are already represented

Reasoning

The court held that Section 14(1) of the Labour Relations Act governs the considerations for registration, including that no other trade union already registered should be sufficiently representative of the interests sought. The proposed union's scope covered public servants broadly, an area already covered by the Union of Kenya Civil Servants and other sectoral unions, so limiting the right was reasonable and justifiable.

p. 3
02

Whether the proposed union had proper boundaries

Holding

The proposed union was amorphous and without proper boundaries, and would swallow other public sector unions

Reasoning

The court reasoned that public servants include teachers, government doctors, judges and civil servants, so the union envisaged by the Appellants covered a very wide scope consuming all other unions in the public sector, bringing confusion in industry and undermining industrial harmony.

p. 6

Legal principles established

#
  • Labour rights and the right to registration of a trade union are not absolute and are limited by Article 24 of the Constitution to the extent reasonable and justifiable in an open and democratic society

Court orders

#
  1. 1.The appeal is dismissed with costs to the Respondents

Authorities

#

Legislation

  • Constitution of Kenya 2010Article 36(1), 36(3), 41(2)(c), 47(1), 24, 20(1)
  • Labour Relations ActSections 4, 12, 13, 14, 18, 19, 20, 30, First Schedule
  • Labour Institutions ActSection 31(3)

Cases cited (5)

  • Seth Panyako & 5 Others v Attorney General & 2 Others
    [2013] eKLR
  • Japheth Anyira Agura & 6 Others v Registrar of Trade Unions
    [2014] eKLR
  • Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Designs Workers Union v Registrar of Trade Unions & another
    [2013] eKLR
  • Kenya Guards & Allied Workers Union v Security Guards Services & 38 Others and Another (IP)
    H.C Misc. 1159 of 2003
  • Charles Salano & 9 Others v The Registrar of Trade Unions & another
    Civil Appeal No. 19 of 2016
On appeal from
Registrar of Trade Unions
Jurisdiction invoked
Section 30 of the Labour Relations Act of 2007

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Francis W. Ngarriuku & 18 others v Registrar of Trade Unions & another [2019] KEELRC 2411 (KLR)", Case Analysis (2019). Judicial Review No. 77 of 2017 (Consolidated with Appeal No. 11 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2411/eng@2019-01-29

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