Harrison & 3 others (Suing as Promoters of the Proposed Kenya Musicians Union) v Registrar of Trade Unions (Civil Appeal E130 of 2022) [2023] KEELRC 2006 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court ordered the Registrar of Trade Unions to register the Kenya Musicians Union, confirming specialised unions can coexist with general ones.
What this practically means
#Executive summary
#Key legal issues
#Status of the National Labour Board in the registration process
The Board is consultative only; the Appellants did not need to appeal to it.
Section 19 of the Labour Relations Act requires the Registrar to consider registration in consultation with the National Labour Board, but the Board is not the decision-maker and is not an appellate body. Section 30 provides that any person aggrieved by the Registrar's decision may appeal to the Industrial Court (ELRC) within 30 days. The Registrar therefore misapprehended the law in requiring an appeal to the Board.
Effect of the withdrawal of the objection
With the sole objection withdrawn through the MOU, there is no impediment to registration.
Registration was denied solely because KUEMIE was said to sufficiently represent musicians. KUEMIE has since bound itself by MOU to support registration of the Kenya Musicians Union, recognising that denial of registration was detrimental to both and to the music community. The Appellants have an identifiable community of interests, and there is no better indicator that no registered union sufficiently represents musicians than the fact that the objector of over 50 years has never negotiated a CBA for musicians.
Registration of specialized trade unions
Musicians, as a specific industry player with distinct interests, merit their own trade union.
The Court has consistently upheld registration of trade unions with specialized orientation, from BIFU's registration as an offshoot of KUCFAW to more recent decisions. As the economy evolves, emerging categories of workers require unions that sufficiently represent their interests; today's musicians cannot be lumped with other entertainment industry workers.
Legal principles established
#- The National Labour Board's role in trade union registration is purely consultative; appeals against the Registrar's decisions lie to the ELRC under Section 30 of the Labour Relations Act.
- Trade unions with specialized orientation may be registered notwithstanding the existence of a general union covering the same field.
- Continued refusal to register a union where the sole objector has withdrawn its objection would be incompatible with the constitutional freedom of association.
Court orders
#- 1.The Appeal is allowed
- 2.The Respondent shall forthwith register Kenya Musicians Union
- 3.The Respondent shall issue Kenya Musicians Union with a certificate of registration and enter the Kenya Musicians name in the appropriate register
- 4.No order on the costs
- On appeal from
- Registrar of Trade Unions (decision refusing registration)
- Jurisdiction invoked
- Section 30 of the Labour Relations Act - appeal to the Industrial Court (E&LRC) against a decision of the Registrar
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Harrison & 3 others (Suing as Promoters of the Proposed Kenya Musicians Union) v Registrar of Trade Unions (Civil Appeal E130 of 2022) [2023] KEELRC 2006 (KLR)", Case Analysis (2023). Memorandum of Appeal dated July 18, 2022 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2006/eng@2023-08-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.