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)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Standing of a deregistered branch to seek joinder
A disbanded and deregistered branch executive committee has no capacity to sue or be sued and no standing to apply for joinder
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.
Scope of judicial review jurisdiction in relation to grievances of non-parties
Joinder of the proposed interested parties would not address their grievances, which fall outside the purview of judicial review proceedings
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.
Natural justice claims by a person adversely named in concluded proceedings
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
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.
Legal principles established
#- 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
#- 1.Applications dated 13 February 2024 and 25 March 2024 dismissed as overtaken by events and without merit
- 2.No orders on costs
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.