Promoters, Kenya Salt Workers Union (Lawrence K Majali, Folleni Chea Boshei, Moses H Kellah, Safari Kazungu Nyanje, Kazungu Kondoduka and Dethitarss Mako Kofa) v Registrar of Trade Unions; Kenya Chemical Workers Union (Proposed Interested Party) [2021] KEELRC 396 (KLR)
The bottom line
#Kenya's Employment Court confirmed that an existing trade union directly affected by an appeal has a right to join the case as an interested party.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to entertain joinder applications incidental to an appeal under section 12(5)(a) of the ELRC Act
The court has jurisdiction to determine applications for joinder of parties to matters properly pending before it, exercised as an inherent incident of its appellate jurisdiction over Registrar of Trade Unions decisions.
The court construed section 12(5)(a) of the ELRC Act purposively, so as to cover matters incidental to the proper determination of appeals from the Registrar of Trade Unions. It invoked section 12(3), which obliges the court to grant appropriate relief to meet the ends of justice, and adopted the reasoning in Wilbert Kipsang Choge that the vesting of power over employment and labour disputes carries implied, necessarily inherent powers.
Whether the proposed Interested Party qualified for joinder
The proposed Interested Party, an existing trade union serving the salt extraction sector, fit the definition of an interested party because the appeal decision would directly affect it, and its presence was necessary for the just and effectual disposition of the appeal.
Applying the Trusted Society definition and the Meme v Republic criteria, the court found the Applicant had a stake: its existing coverage of the salt extraction sector was the very reason the Registrar rejected registration of the Appellants' union. Its input was also needed to resolve questions such as whether it objected to the registration, ensuring complete settlement of all questions in the proceedings.
Legal principles established
#- An interested party is one who has a stake in the proceedings and will be affected by the decision of the court either way
- The ELRC's appellate jurisdiction under section 12(5)(a) must be construed purposively to cover matters incidental to the proper determination of such appeals, including joinder applications
- Joinder of an interested party may be entertained at any stage of proceedings, even on appeal, provided the applicant demonstrates how the ends of justice would be better served
Court orders
#- 1.The application dated 14th November 2019 is allowed and the proposed Interested Party is joined to the action as an Interested Party
- 2.The Interested Party to file its representations in the appeal within 14 days of the ruling to enable the taking of directions on hearing of the appeal
- 3.If the representations are not filed by the 14th day as ordered, the orders issued shall stand vacated
- 4.Costs of the application shall be in the cause
- On appeal from
- Registrar of Trade Unions (decision appealed from)
- Jurisdiction invoked
- Section 12(5)(a) of the Employment and Labour Relations Court Act (appeals from decisions of the Registrar of Trade Unions), read with sections 12(3) and 4 of the ELRC Act and the court's inherent powers
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Promoters, Kenya Salt Workers Union (Lawrence K Majali, Folleni Chea Boshei, Moses H Kellah, Safari Kazungu Nyanje, Kazungu Kondoduka and Dethitarss Mako Kofa) v Registrar of Trade Unions; Kenya Chemical Workers Union (Proposed Interested Party) [2021] KEELRC 396 (KLR)", Case Analysis (2021). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/396/eng@2021-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.