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ELRCDismissedBungoma ELRC Judicial Review proceedings (incorporating Bungoma ELRC JR No. 1 of 2022, Bungoma ELRC Petition No. 1 of 2019 and Bungoma ELRC Misc. Application No. E008 of 2023)· [2024] KEELRC 2738 (KLR)

Republic v Registrar of Trade Unions; Hamadi (Exparte Applicant); Kenya County Government Workers Union & another (Interested Parties); Murongoro (Proposed Interested Party) (Judicial Review Application E004 of 2023) [2024] KEELRC 2738 (KLR)

Employment and Labour Relations Court
7 November 2024
2,707 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The court ruled on two applications by the Kenya County Government Workers Union Bungoma Branch Executive Committee and Mary Namubuya Murongoro seeking to be enjoined as interested parties in concluded judicial review proceedings against the Registrar of Trade Unions, together with stay of execution and review/setting aside of the ruling and consequential orders. The applications were supported by Murongoro's affidavits, arguing that the ex-parte applicant sought orders of mandamus compelling the respondent to remove her from the union's register and deregister the Bungoma branch, and that joining her without a hearing would violate natural justice and Article 50. The union, through General Secretary Roba Duba, opposed, averring that the branch was disbanded on 11 October 2023 following a 7 October 2023 resolution and that Murongoro had been suspended, so neither had standing. The court restated that judicial review concerns the lawfulness of the decision-making process, not private rights or merits, and operates within narrow confines that cannot be mixed with other jurisdictions. It found that judgment had been rendered, the respondent had complied with the mandamus orders, and the matter was spent. Upon deregistration the Bungoma NEC ceased to exist and had no legal standing under the Labour Relations Act, under whose section 35 an aggrieved deregistered party must address the respondent's office. Enjoining the applicants would not address their grievances, which lie outside judicial review. Both applications were dismissed as overtaken by events and without merit, with no orders on costs.

Key legal issues

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01

Standing of a deregistered branch to seek joinder

Holding

A disbanded and deregistered branch executive committee has no capacity to sue or be sued and no standing to apply for joinder

Reasoning

The union disbanded the Bungoma NEC by letter dated 11 October 2023 following a resolution of 7 October 2023, and a caretaker committee was established. Upon deregistration the branch ceased to exist as a legal entity under the Labour Relations Act, so it cannot lodge the application or represent the union's members.

p. 3
02

Scope of judicial review jurisdiction in relation to grievances of non-parties

Holding

Joinder of the proposed interested parties would not address their grievances, which fall outside the purview of judicial review proceedings

Reasoning

Judicial review examines legality, procedural propriety and rationality of public decision-making rather than merits or private rights. The respondent had already complied with the mandamus orders, so the matter was spent. Grievances about removal from the register must be addressed through the respondent's office and internal mechanisms under the union constitution and the Labour Relations Act.

p. 6
03

Natural justice claims by a person adversely named in concluded proceedings

Holding

The court found that allowing joinder at this stage would not remedy the alleged violation of the right to be heard, as the proceedings had concluded with finality

Reasoning

Although the proposed interested party argued she would be condemned unheard since a decree compelled her removal from the register, the court held that the judicial review purpose was addressed with finality and that participation would not elicit or address the issues. Her recourse lies elsewhere, including the union's internal appeal mechanism.

p. 6

Legal principles established

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  • Judicial review is concerned with the decision-making process, not the private rights or merits of the decision challenged
  • Upon deregistration, a branch executive committee ceases to exist and has no legal standing to sue

Court orders

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  1. 1.Applications dated 13 February 2024 and 25 March 2024 dismissed as overtaken by events and without merit
  2. 2.No orders on costs

Authorities

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Legislation

  • Constitution of KenyaArticle 50
  • Constitution of KenyaArticle 23
  • Labour Relations ActSection 35
  • Civil Procedure RulesOrder 53 Rule 7
  • Law Reform Actnot specified

Cases cited (8)

  • Skov Estate Limited & 5 others v Agricultural Development Corporation & another
    [2015] eKLR
  • Kingori v Chege & 3 others
    [2002] 2 KLR
  • Grain Bulk Handers Limited v J B Maina & Co. Limited & 2 others
    [2006] eKLR
  • Republic v Public Procurement Administrative Review Board & another ex parte Gibb Africa Ltd & another
    [2012] eKLR
  • Commissioner of Land v Kunste Hotel Ltd
    [1995-1998] 1EA 1 (CAK)
  • Republic v The Land Registrar, Kilifi & Anor. ex parte Cecilia Gathoni Wangare
    Mombasa HC JR No. 64 of 2011
  • Shah v Attorney General of Uganda (No. 3)
    [1976] EA 543
  • Mumo Matemu v Trusted Society of Human Rights Alliance, Attorney General, and Minister of Justice & Constitutional Affairs, Director of Public Prosecutions, and Kenyan Section of the International Commission of Jurists & Kenya Human Rights Commission
    [2013] KECA 445 (KLR)
Jurisdiction invoked
Judicial review jurisdiction under Order 53 of the Civil Procedure Rules and the Law Reform Act, in relation to the Registrar of Trade Unions' mandate under the Labour Relations Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Registrar of Trade Unions; Hamadi (Exparte Applicant); Kenya County Government Workers Union & another (Interested Parties); Murongoro (Proposed Interested Party) (Judicial Review Application E004 of 2023) [2024] KEELRC 2738 (KLR)", Case Analysis (2024). Bungoma ELRC Judicial Review proceedings (incorporating Bungoma ELRC JR No. 1 of 2022, Bungoma ELRC Petition No. 1 of 2019 and Bungoma ELRC Misc. Application No. E008 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2738/eng@2024-11-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.