Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedJudicial Review proceedings, Mombasa (application dated 6 October 2023)· [2025] KEELRC 1226 (KLR)

Republic v Counselors & Psychologists Board & 2 others; Ndinda & another (Exparte) (Judicial Review Application E002 of 2023) [2025] KEELRC 1226 (KLR)

Employment and Labour Relations Court of Kenya
30 April 2025
3,607 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court dismissed an attempt to force registration of a psychologists' union and overturn counsellor registration rules, because the applicants acted before exhausting the proper statutory process.

What this practically means

#

Executive summary

#
The ex parte applicants, promoters of the proposed Kenya Union of Psychologists, Counsellors and HIV testing services, sought judicial review orders of mandamus compelling the Registrar of Trade Unions to issue a certificate of promotion and certiorari quashing the Counsellors and Psychologists Board's notice of 18 September 2023 commencing registration of counsellors and psychologists and imposing fees. They argued the Registrar breached section 12 of the Labour Relations Act by failing to issue a certificate within 30 days, violating their freedom of association under Article 41, and that the Board's regulations were made without public participation and contrary to the Statutory Instruments Act. The Registrar countered that no decision had been made on the application, that issuance is not automatic, and that existing unions already represent the sector. The Board said it conducted consultations and that the applicants were unqualified for registration. The court, applying section 12(3) and section 30 of the LRA, held the mandamus application premature since no decision had issued, and the applicants' actions without a certificate were unlawful. On certiorari, it found the applicants lacked standing without a promotion certificate and that the Board's decision had taken effect after nationwide consultations. The application was dismissed with each party bearing its own costs.

Key legal issues

#
01

Whether mandamus should issue compelling the RTU to issue a promotion certificate

Holding

Mandamus was refused because the RTU had not yet made a decision on the application, and the correct route was to await that decision and appeal under section 30 of the LRA; the proceedings were premature

Reasoning

The court applied section 12(3) of the LRA, noting the Registrar has 30 days to issue a certificate unless the application is defective or the name is confusingly similar. The RTU acknowledged the application but issued no decision allowing or rejecting it. Under section 30 of the LRA the applicants should await a formal decision and appeal; moving the court by judicial review could not cure the invalidity of acting without a certificate.

p. 6
02

Whether certiorari should issue quashing the Board's notice of 18 September 2023

Holding

Certiorari was refused: without a promotion certificate the applicants had no standing to act for counsellors and psychologists, and the impugned decision had already taken effect after nationwide consultations

Reasoning

The court held the applicants lacked the requisite foundation for the orders, as the 1st applicant's associate counsellor certificate was not a qualification under the Counsellors and Psychologists Act. Further, the Board had undertaken nationwide consultations and received feedback, so the decision had taken effect and certiorari, which targets decisions not yet effective, could not issue.

p. 7

Legal principles established

#
  • An order of mandamus compels performance of a public duty imposed by statute where the duty-bearer has failed to perform it to the detriment of a party with a legal right to its performance
  • Certiorari quashes only decisions that have not yet taken effect
  • The right to form a trade union under Articles 36 and 41 is not absolute and may be restricted under Article 24

Court orders

#
  1. 1.The application is dismissed
  2. 2.Each party to bear its own costs
Jurisdiction invoked
Order 53, Rules 3 and 4 of the Civil Procedure Rules; Section 8(2) of the Law Reform Act; Order 51, Rule 1 of the Civil Procedure Rules (judicial review)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Counselors & Psychologists Board & 2 others; Ndinda & another (Exparte) (Judicial Review Application E002 of 2023) [2025] KEELRC 1226 (KLR)", Case Analysis (2025). Judicial Review proceedings, Mombasa (application dated 6 October 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1226/eng@2025-04-30

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