M’mbolo & 6 others v Registrar of Trade Unions; Kenya National Private Security Workers Union & another (Interested Parties) (Appeal 5 of 2020) [2024] KEELRC 1340 (KLR)
The bottom line
#The Employment Court refused to jail the Registrar of Trade Unions for contempt because a proposed union official's criminal conviction legally blocked the union's registration.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Registrar of Trade Unions wilfully and deliberately disobeyed the Court's judgment and decree of 7/9 February 2024
- 2.Whether the Ag. Registrar should be committed to civil jail and fined for contempt
Key legal issues
#Whether non-compliance with an order to register a trade union amounted to contempt
No contempt established; the Registrar had a lawful statutory basis for withholding registration because the proposed General Secretary was disqualified by conviction
Section 31(5) of the Labour Relations Act bars persons convicted of criminal offences from holding trade union office. The proposed General Secretary was convicted of theft by servant in Milimani Criminal Case No. 1410 of 2018 on 17 January 2023. Conviction is a material factor the Registrar must consider, and the prior judgment did not require her to ignore the statutory framework. Hence no wilful disobedience.
Legal principles established
#- A judgment ordering registration of a trade union does not displace the Registrar's statutory duty to consider disqualifying convictions of proposed officials under section 31(5) of the Labour Relations Act
Court orders
#- 1.The Motion (contempt application) is dismissed with costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Enforcement of the Court's judgment of 7 February 2024 and decree dated 9 February 2024 ordering registration of a trade union; contempt of court jurisdiction
Relief refused
#Committal of the Ag. Registrar to twelve months civil jail and a fine of not less than Kshs. 1,000,000
The Registrar's failure to register the proposed union was not wilful or deliberate; the proposed General Secretary is disqualified under section 31(5) of the Labour Relations Act having been convicted of theft by servant
Costs
The Motion dated is dismissed with costs (costs to the Appellants/Applicants as sought, per prayer iv).
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Court judgments must always be put in context. The judgment of this Court did not direct the Registrar to close her eyes to the applicable legal framework for registration of a proposed union and its promoters as oficials.
Considering the impact of section 31(5) of the Labour Relations Act and the fact that the promotors of the proposed union have not satisfied the legal requirement of the aforesaid section, this Court finds that there has been no willful or deliberate intention on the part of the Registrar of Trade Unions to disobey the decree of the Court.
The Appellants must put their house in order before alleging disobedience of court orders on the part of the Registrar of Trade Unions.
The Motion dated is dismissed with costs.
Issues in the judgment
#The case number of this suit is not stated anywhere in the judgment as reproduced
Identity of the Appellants/Applicants is inferred from Court of Appeal case citations rather than stated in the coram or title
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’mbolo & 6 others v Registrar of Trade Unions; Kenya National Private Security Workers Union & another (Interested Parties) (Appeal 5 of 2020) [2024] KEELRC 1340 (KLR)", Case Analysis (2024). Not stated in the judgment as reproduced. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1340/eng@2024-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.