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ELRCDismissedPetition dated 6th February 2024 (Eldoret)· [2025] KEELRC 2081 (KLR)

Osimbo v Registrar of Trade Unions & another (Petition E001 of 2024) [2025] KEELRC 2081 (KLR)

Employment and Labour Relations Court
10 July 2025
MOMaureen Onyango
3,479 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

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The Employment Court in Eldoret dismissed a union founder's petition because he skipped a required registration step, so you must complete the statutory process before suing.

What this practically means

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Executive summary

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The Petitioner, an employee of the Kenya School of Government and promoter of a proposed trade union for that institution and the Kenya Institute of Curriculum Development, petitioned the Court alleging violation of Articles 41(1), 36(1) and 47(1) of the Constitution. He complained that the Registrar of Trade Unions failed, within the statutory thirty days under section 12(3) of the Labour Relations Act, to issue a certificate of recruitment following an application made on 23rd August 2022. He sought orders compelling the Registrar to issue a certificate of registration for the proposed union and to act expeditiously, plus costs. The 1st Respondent explained that the delay arose because there was no substantive Registrar in office for three months after the former Registrar's contract lapsed; it further objected that the application was made jointly with one Leonard Onguka who was not joined, and that the targeted members were already represented by existing unions. The 2nd Respondent, KUDHEIHA Workers, opposed on the basis that the sector was fully and sufficiently represented and that registration would breed inter-union rivalry contrary to section 14. The Petitioner countered that KUDHEIHA had no members at the two institutions and no operational CBA. The Court held that refusal by the Registrar was not proved, and that the Petitioner's prayers conflated the recruitment certificate under section 12 with registration under section 14. Since the Petitioner had not applied for registration nor demonstrated compliance with section 14, the petition was premature and was dismissed with no orders as to costs, the Registrar being left to act on the pending application.

Key legal issues

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01

Whether the 1st Respondent refused to issue the certificate of recruitment

Holding

Refusal was not proved; the failure arose from the absence of a Registrar in office, not refusal, and the application remains pending before the Registrar

Reasoning

The court found the 1st Respondent's explanation — that the contract of the former Registrar lapsed and an Acting Registrar was deployed in late September 2022 — credible. The Registrar invited the court to allow it to consider the application under section 12. The inaction was thus an omission pending decision rather than an adverse decision capable of founding the constitutional orders sought.

p. 7
02

Whether the prayers sought are premature

Holding

Yes - the Petitioner sought a certificate of registration but had only applied for a promotion/recruitment certificate under section 12 and had not applied for registration under section 14

Reasoning

The court distinguished the certificate of recruitment under section 12 from registration under section 14. The Petitioner had not demonstrated compliance with section 14 requirements nor that he met them. Until the Registrar acts on the pending section 12 application and the Petitioner applies for registration, the registration orders sought cannot issue.

p. 7

Legal principles established

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  • A petitioner who has only applied for a certificate of recruitment/promotion under section 12 of the Labour Relations Act cannot seek an order for registration of the union, which requires compliance with section 14; such a petition is premature
  • The Registrar of Trade Unions must be given the opportunity to perform its statutory mandate under section 12 before judicial intervention

Court orders

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  1. 1.The petition is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 41(1)
  • Constitution of Kenya, 2010Article 36(1)
  • Constitution of Kenya, 2010Article 47(1)
  • Labour Relations ActSection 12(1), 12(2)(a), 12(3)
  • Labour Relations ActSection 13
  • Labour Relations ActSection 14
  • Fair Administrative Action Actnull
Jurisdiction invoked
Constitution of Kenya, 2010 (Articles 41(1), 36(1) and 47(1)); 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, "Osimbo v Registrar of Trade Unions & another (Petition E001 of 2024) [2025] KEELRC 2081 (KLR)", Case Analysis (2025). Petition dated 6th February 2024 (Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2081/eng@2025-07-10

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