Kenya Petroleum Oil Workers Union & another v Registrar of Trade Union [2021] KEELRC 1470 (KLR)
The bottom line
#Kenya's Employment Court dismissed a challenge to union elections, ruling grievances against the Registrar of Trade Unions must go through a 30-day statutory appeal.
What this practically means
#Executive summary
#Key legal issues
#Credibility of the national elections of 6th March, 2021
The elections were properly conducted; the official returns by the allocated returning officer and the signed Form Q stand, and the respondent as regulator found no justifiable cause to refuse registration
The returning officer appointed by the respondent filed official returns and a report refuting allegations of violence and non-delegates. The 2nd claimant's agent signed against the results. The County Labour Officer who alleged chaos was not the presiding officer and had no official role. Alleged violence was never reported to the police. Where the 2nd claimant lost, loss alone does not render the election incredible.
Eligibility of organising secretaries and director of organization to vote
The respondent issued a decision on 3rd March, 2021 that organising secretaries appointed as full-time employees are not eligible to vote at the ADC; that unchallenged decision stands and can only be addressed by an appeal under section 30
The claimants raised eligibility with the respondent before the elections and the respondent issued an advisory, decision and directions. No appeal was lodged under section 30 of the Act. The court cannot circumvent the Registrar's decision after the elections, where the 2nd claimant lost, and delve into the question prematurely.
Competence of the claim regarding the Nairobi branch elections
The claim fails because the Nairobi branch is a separately registered entity under section 25 of the Act and is not a party; its grievance lies under section 30
The branch was registered on 5th March, 2021 and stands as its own entity with its own secretary and officials, who are not enjoined. The 2nd claimant cannot litigate on its behalf, and the dispute as framed is premature.
Legal principles established
#- A decision of the Registrar of Trade Unions on voter eligibility under the Act can only be challenged by appeal to the Industrial Court within thirty days under section 30 of the Labour Relations Act
- Violence alleged to have disrupted a trade union election must be reported to the relevant authorities; an unreported allegation of violence carries no weight
- A candidate's election agent who signs against election results binds the candidate and the results cannot be faulted for the candidate's absence
Court orders
#- 1.The claim is found without merit and dismissed
- 2.The respondent shall proceed and register changes made to the 1st claimant pursuant to elections held on 6th March, 2021
- 3.Each party to pay own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007 (including section 30 appeals against decisions of the Registrar)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers Union & another v Registrar of Trade Union [2021] KEELRC 1470 (KLR)", Case Analysis (2021). Cause No. E210 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1470/eng@2021-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.