[2017] KEELRC 1698 (KLR)
The court found that the Applicants were not made aware of the Respondent's decision within the statutory period due to the interim General Secretary's failure to disclose the decision. Since the Respondent did not oppose the application and the Applicants provided a reasonable explanation for the delay, the court...
Source-derived case information.
- Citation
- [2017] KEELRC 1698 (KLR)
- Parties
- Applicant: Joel Mbuthia, Samson O. Ongera, Steve O. Hangallah (Suing on behalf of the proposed National Union of Shops-Retailers & General Merchants Workers); Respondent: Registrar of Trade Unions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 112 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- L Ndolo
- Legal Topics
- Trade Union Registration, Extension of Time, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Mbuthia, Samson O. Ongera, Steve O. Hangallah (Suing on behalf of the proposed National Union of Shops-Retailers & General Merchants Workers)
Applicant
Registrar of Trade Unions
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the Applicants should be granted leave to file an appeal out of time against the Respondent's decision declining registration of the proposed union.
- 2 Whether the delay in filing the appeal was justified.
Ratio Decidendi
The court found that the Applicants were not made aware of the Respondent's decision within the statutory period due to the interim General Secretary's failure to disclose the decision. Since the Respondent did not oppose the application and the Applicants provided a reasonable explanation for the delay, the court exercised its discretion in their favour. The court allowed the application for leave to file an appeal out of time against the decision declining registration of the proposed union, finding that justice would be served by permitting the appeal to proceed.
Court Disposition
application allowed
Orders
- Leave is granted to the Applicants to file an appeal against the decision of the Registrar of Trade Unions declining registration of the proposed union out of time.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISCELLANEOUS APPLICATION NO. 112 OF 2016
JOEL MBUTHIA
SAMSON O. ONGERA
STEVE O. HANGALLAH
(Suing on behalf of the proposed National Union of
Shops-Retailers & General Merchants Workers)…...APPLICANTS
VERSUS
REGISTRAR OF TRADE UNIONS………………………..RESPONDENT
RULING
1. This ruling relates to the Applicant’s application dated 6th October 2016 seeking leave to file an appeal to challenge the Respondent’s decision declining registration of the proposed union out of time.
2. The application which is supported by the affidavit of Joel Mbuthia sworn on 6th October 2016 is based on the ground that the interim General Secretaryof the proposed union failed to disclose the decision of the Respondent to the promoters.
3. The Respondent’s decision therefore came to the Applicants’ attention when the thirty (30) day period provided for appeal under Section 30 of the Labour Relations Act had lapsed.
4. The Applicants state that their intended appeal has a high chance of success.
5. The Respondent does not oppose the application and considering the reasons advanced by the Applicants for the delay in bringing their appeal, the Court is inclined to exercise discretion in the Applicant’s favour.
6. The Applicant’s application for leave to file an appeal against the decision of the Registrar of Trade Unions declining registration of the proposed union is therefore allowed.
7. I make no order for costs.
8. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 3RD DAY OF
MARCH 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Ongera for the Applicants
Mr. Kioko for the Respondent