Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedAppeal No. 1 of 2019· [2021] KEELRC 144 (KLR)

Solomon Wanjala & 6 others (Suing on Behalf of the Proposed, Kenya National Union of Breakdowns Recovery, Commuters & Freight Agency Workers) v Registrar of Trade Unions [2021] KEELRC 144 (KLR)

Employment and Labour Relations Court
14 December 2021
3,968 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ordered the Registrar of Trade Unions to register a new transport workers' union, ruling her refusal was baseless and unconstitutional.

What this practically means

#

Executive summary

#
This was an appeal under Section 30 of the Labour Relations Act against the Registrar of Trade Unions' refusal, communicated by refusal certificate (form D) dated 14 May 2019, to register the Kenya National Union of Breakdowns Recovery, Commuters & Freight Agency Workers. The Registrar's stated ground was that the targeted workers were already represented by the Transport Workers Union, invoking section 14(1)(d) of the Labour Relations Act. The appellants contended they had complied with sections 12, 13, 14, 18 and 19 of the Act, that no evidence showed sufficient representation by the objecting union, that other transport-sector unions had been registered, and that the refusal violated Articles 36 and 41 of the Constitution. The court framed three issues: statutory compliance, the sufficiency-of-representation test, and justification of limitation of rights under Article 24(1). It found the appellants had satisfied all statutory requirements; that the Registrar's sufficiency finding was unsupported by evidence, particularly as several other unions had been registered in the transport sector while the Transport Workers Union existed; that the Registrar failed to consider section 14(2), which permits registration of multi-sector unions; and that the limitation of the appellants' Article 41 rights was neither reasonable nor justifiable. The refusal was declared null and void ab initio. The court directed the Registrar to register the proposed union and issue a certificate of registration in Form B within 14 days, with each party bearing its own costs.

Key legal issues

#
01

Compliance with statutory registration requirements

Holding

The Appellants complied with sections 12 and 18 of the Labour Relations Act; the question was answered in the affirmative.

Reasoning

The proposed union obtained a certificate of promotion dated 27 March 2017, lodged its registration application with the prescribed fee, constitution, attendance register, minutes and signatures of seven members, all attached to the memorandum of appeal. The Registrar caused a Gazette Notice to be published notifying sector unions of the application and did not call for further information under section 18(3) or seek a name alteration under section 18(4).

p. 3
02

The sufficiency-of-representation test under section 14(1)(d)

Holding

The Registrar's finding that the Transport Workers Union sufficiently represented the targeted workers was unsupported by evidence and the rejection failed the statutory test.

Reasoning

The form D grounds asserted coverage by the Transport Workers Union without empirical evidence such as recognition agreements or CBAs. The Registrar had registered several other unions in the transport sector while the Transport Workers Union existed, undermining the claim of sufficiency. Judicial notice of the large, under-represented transport workforce was taken. Further, the Registrar did not consider section 14(2), which permits multi-sector unions with protective constitutional provisions.

p. 4
03

Justification of the limitation of the right to form and join a union under Article 24(1)

Holding

The refusal was not a reasonable or justifiable limitation of the Appellants' rights under Article 41 of the Constitution.

Reasoning

Under Article 20(3)(b) the court must adopt the interpretation most favourable to the enforcement of rights. The Registrar did not apply reasonableness and justification, failed to address section 14(2), did not demonstrate she considered the proposed union's constitution, and produced no evidence of the National Labour Board's advice that allegedly preceded the refusal, the form D making no mention of the Board.

p. 4

Legal principles established

#
  • Once an application for registration of a trade union complies with sections 12, 13 and 14 of the Labour Relations Act and the Constitution, the Registrar has no choice but to register it unless another registered union is sufficiently representative of the interests concerned.
  • The burden lies on the Registrar to demonstrate with tangible evidence that an objecting union sufficiently represents the whole or a substantial proportion of the interests of the sector in question.
  • Under section 14(2) of the Labour Relations Act, the Registrar may register a union of persons working in more than one sector upon examining the union's constitution for suitable provisions protecting sectoral interests.

Court orders

#
  1. 1.The Registrar of Unions is directed to register the Kenya National Union of Breakdown Recovery, Commuters & Freight Agency Workers and issue it with a certificate of registration in Form B set out in the second schedule to the Labour Relations Act No. 14 of 2007 within 14 days
  2. 2.Each party bears its own costs of the suit

Authorities

#

Legislation

  • Labour Relations ActSection 30
  • Labour Relations Act (No. 14 of 2007)Sections 4, 12, 13, 14(1)(d), 14(2), 15, 17, 18(1), 18(2), 18(3), 18(4), 19, 31(3)
  • Labour Institutions ActSection 31(3)
  • Constitution of Kenya, 2010Articles 20(3)(b), 24(1), 36, 41(2)
  • Industrial Relations Charter of 1980

Cases cited (2)

  • Kenya Plantation & Agricultural Workers Union v The Kenya Export Floriculture, Horticulture and Allied Workers Union (KEFLIAU) represented by its Promoters David Benedict Omulama & 8 others and the Registrar of Unions
    (2020) eKLR, Supreme Court of Kenya at Nairobi Petition No. 4 of 2018
  • Nahason Nchamae & 9 others v Registrar of Trade Unions
    (2017) eKLR
On appeal from
Registrar of Trade Unions
Jurisdiction invoked
Section 30 of the Labour Relations Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Solomon Wanjala & 6 others (Suing on Behalf of the Proposed, Kenya National Union of Breakdowns Recovery, Commuters & Freight Agency Workers) v Registrar of Trade Unions [2021] KEELRC 144 (KLR)", Case Analysis (2021). Appeal No. 1 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/144/eng@2021-12-14

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