[2021] KEELRC 1614 (KLR)
The court found that while the Petitioners have a statutory right to join and participate in the activities of the Respondent Union, actual membership is contingent upon compliance with the Union's constitution and rules, specifically the payment of the joining fee and monthly subscription. The Union has conceded...
Source-derived case information.
- Citation
- [2021] KEELRC 1614 (KLR)
- Parties
- Applicant: Duncan Mwangi; Applicant: George Gitahi; Applicant: Benson Muange; Applicant: Kennedy Kebutt; Applicant: Jesse Muigai; Applicant: Thadeus Waswa; Respondent: Kenya Petroleum Oil Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E108 of 2020
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Stay and Membership Regularisation
- Outcome
- Interlocutory orders granted for Petitioners to regularise membership; no stay orders issued against Union activities.
- Judges
- AN Makau
- Legal Topics
- Trade Union Membership, Union Registration, Labour Relations Act, Union Elections, Union Dues, Constitutional Rights of Employees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Mwangi
Applicant
George Gitahi
Applicant
Benson Muange
Applicant
Kennedy Kebutt
Applicant
Jesse Muigai
Applicant
Thadeus Waswa
Applicant
Kenya Petroleum Oil Workers Union
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Stay and Membership Regularisation
Legal Issues
- 1 Whether the Petitioners are entitled to be registered as members of the Respondent Union.
- 2 Whether the Petitioners have complied with the requirements for union membership under the Union Constitution and the Labour Relations Act.
- 3 Whether the court should grant stay orders affecting the Union's elections and activities.
Ratio Decidendi
The court found that while the Petitioners have a statutory right to join and participate in the activities of the Respondent Union, actual membership is contingent upon compliance with the Union's constitution and rules, specifically the payment of the joining fee and monthly subscription. The Union has conceded that it does not object to the Petitioners' membership provided these requirements are met. The court therefore granted the Petitioners a specific window to regularise their membership by fulfilling these conditions, after which they may be placed on the Union Register. The court declined to grant stay orders that would interfere with the Union's scheduled elections and...
Court Disposition
Interlocutory orders granted for Petitioners to regularise membership; no stay orders issued against Union activities.
Orders
- Petitioners granted until Friday 22nd January 2021 at 3:00 pm to pay joining fee and monthly subscription of 2% of monthly basic salary to be placed on the Union Register.
- Members may pay union dues directly; check-off is not the only method.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
PETITION NO. E108 OF 2020
DUNCAN MWANGI............................................................1ST PETITIONER
GEORGE GITAHI...............................................................2ND PETITIONER
BENSON MUANGE............................................................3RD PETITIONER
KENNEDY KEBUTT.............................................................4TH PETITIONER
JESSE MUIGAI...................................................................5TH PETITIONER
THADEUS WASWA............................................................6TH PETITIONER
(On their own behalf and on behalf of another 162 Petitioners)
VERSUS
KENYA PETROLEUM OIL WORKERS UNION...................RESPONDENT
RULING
1. The Petitioners assert they are members of the Respondent. They seek to be put in the Register of the Respondent Union. On its part, the Union is opposed to the grant of stay orders which would interfere with its functions and the keeping of the strict guidelines and time lines in respect to the Annual Delegates Conference and Elections as required under the Union Constitution. At the core of the dispute is the issue of whether the Petitioners are members or not. The Secretary General of the Trade Union has articulated steps the employees who wish to be members have to take.
2. Per Section 4(1) of the Labour Relations Act 2007, every employee has a right to participate in joining a Trade Union or federation of Trade Unions, join a Trade Union or leave a trade union. Per Section 4(2) of the Labour Relations Act, every member of a Trade Union has the right, subject to the Constitution of the Trade Union to participate in its lawful activities and participate in the election of officials and representatives inter alia.
3. The Constitution of the Trade Union herein has elaborate procedure of getting to be a member. There is provision per Rule 3. 1 and 3. 2.1 that a member can be anyone above 18 years working in the relevant sector being the Petroleum Sector – oil and gas – provided said person is one who fills up an application form and fills a form for check off. There is an entrance fee for joining the union and thereafter a payment of monthly subscription of 2% of monthly basic through either checkoff or receipt.
4. Since the Trade Union has conceded it would not mind getting the Petitioners on board provided they comply with the Rules of the Union, it is clear the Petitioners would have to go beyond filling membership forms and checkoff form. Payment of the joining fee (Kshs.100/-) as well as the 2% basic are part and parcel of the requirement to be a member. In any event if only Kshs.100/- was paid, the member would not be in good standing of the union.
5. The orders that commend themselves for me to make is to grant in regard to the matters at hand, the following: The Petitioners shall have a window between today and Friday 22nd January 2021 3. 00 pm to regularise their joinder by paying the joining fee and the monthly subscription of 2% of monthly basis in order to be placed on the Register. The members are reminded that Section 52 of the Labour Relations Act allows for direct payment meaning check off is not the only way they can pay their union dues.
6. As indicated earlier in this matter a full decision will be rendered on 26th January 20921 at 9. 00 am.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF JANUARY 2021
NZIOKI WA MAKAU
JUDGE