Republic v Registrar of Trade Union Ex parte Universities Academic Staff Union Egerton University Chapter; Joseph Juma Mafura & 6 others (Interested Parties) [2021] KEELRC 1391 (KLR)
The bottom line
#A Kenyan court confirmed that a registered union branch can sue, and only a committee itself may co-opt its officials.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of a union branch/chapter to sue
The registered chapter has locus to sue; the Act is silent on branch capacity but registration under section 25 confers capacity, and the enlarged constitutional scope of locus standi supports access to justice.
Section 21 of the LRA makes a registered trade union a body corporate; the Act is silent on branch capacity. Section 25(5) provides no person shall act as an official of an unregistered branch, so registration is the operative factor conferring capacity. Relying on LSK Nairobi Branch v Malindi LSK and Mumo Matemu, the court held that denying the chapter standing would hinder access to justice contrary to Article 50(1) of the Constitution.
Whether the 5th to 7th Interested parties were properly co-opted
They were not properly co-opted; Article 19(g) of the Union constitution covers only elected officials, the exit report of the 24th March 2021 election does not record any co-option, and co-option is a function of the committee itself.
Article 19(g) of the union constitution provides for election of chapter officials every five years but does not cover co-opted members or how they are co-opted. The exit report signed by the UASU Electoral Committee detailed the 24th March 2021 elections and showed only who was elected, with no indication of co-option. The claim that co-option occurred that day was unsupported by evidence, whereas the 26th March 2021 executive committee resolution validly co-opted the 1st to 3rd interested parties.
Judicial review remedies for the Registrar's registration decision
The Registrar's decision to register the 5th to 7th interested parties was unlawful and was quashed by certiorari, with mandamus compelling registration of the 1st to 3rd interested parties.
Having found the co-option of the 5th to 7th interested parties unsupported by evidence and the chapter's own co-option of the 1st to 3rd interested parties lawful, the court found the applicant's case had merit. The court granted the prayers sought: certiorari to quash the unlawful registration and mandamus compelling the Respondent to register the duly co-opted members, with costs to the applicant.
Legal principles established
#- Registration of a branch under section 25 of the Labour Relations Act gives the branch capacity and locus to perform its functions.
- Co-option of members to a committee can only be done by the committee itself, not by any other group.
- The 2010 Constitution enlarged the scope of locus standi in Kenya under Articles 22 and 258.
Court orders
#- 1.Pending hearing and determination of the matter, leave granted to file the substantive motion does operate as a stay of the Respondent's decision registering Samuel Muga K'Olale, Reannah R. Nyakoah and Fredrick M. Mwangangi as officials of UASU Egerton University Chapter.
- 2.Certiorari quashing the Respondent's decision to register Samuel Muga K'Olale, Reannah R. Nyakoah and Fredrick M. Mwangangi as co-opted officials of UASU Egerton University Chapter.
- 3.Mandamus compelling the Respondent to register Dr. Joseph Juma Mafura, Mr. Eliud Okumu Ongowo and Mr. Johanna Oyugi Nyanjong as co-opted officials of UASU Egerton University Chapter.
- 4.Costs of the application and of the chamber summons dated 14th April 2021 to be borne by the Respondent.
- Jurisdiction invoked
- Judicial review jurisdiction of the Employment and Labour Relations Court; Labour Relations Act No. 14 of 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Registrar of Trade Union Ex parte Universities Academic Staff Union Egerton University Chapter; Joseph Juma Mafura & 6 others (Interested Parties) [2021] KEELRC 1391 (KLR)", Case Analysis (2021). Judicial Review Application (Amended Notice of Motion dated 27th April 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1391/eng@2021-06-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.