[2012] KEELRC 257 (KLR)

[2012] KEELRC 257 (KLR)

The Court found that, although the Respondent was not a registered trade union, its objectives as set out in its Trust Deed were those of a trade union as defined under Section 2 of the Labour Relations Act. Therefore, for the purposes of the Labour Relations Act, the Respondent is a trade union. Consequently, the...

Source-derived case information.

Citation
[2012] KEELRC 257 (KLR)
Parties
Claimant: Central Organisation of Trade Unions (COTU); Respondent: The Registered Trustees of the Confederation of Kenya Trade Unions
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
5 October 2012
Case Number
Cause 1107 of 2011
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection Before Hearing of Main Claim
Outcome
Preliminary Objection dismissed; matter to proceed to hearing on merits.
Legal Topics
Trade Union Registration, Jurisdiction of Industrial Court, Freedom of Association, Legal Status of Trusts
Source Language
english
Employment and Labour Trade Union Registration Jurisdiction of Industrial Court Freedom of Association Legal Status of Trusts

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Summary, issues, holding and outcome

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Parties

Central Organisation of Trade Unions (COTU)

Claimant

The Registered Trustees of the Confederation of Kenya Trade Unions

Respondent

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection Before Hearing of Main Claim

Legal Issues

  1. 1 Whether the Respondent is a trade union within the labour laws legal framework of Kenya.
  2. 2 Whether the Industrial Court has jurisdiction to arbitrate on a dispute between a registered trade union and a body registered under a different regime of law but whose objectives suggest it is a trade union.
  3. 3 Whether the Industrial Court has jurisdiction in terms of Article 165(3)(b) of the Constitution as read with Articles 162(2) and 165(5)(b).

Ratio Decidendi

The Court found that, although the Respondent was not a registered trade union, its objectives as set out in its Trust Deed were those of a trade union as defined under Section 2 of the Labour Relations Act. Therefore, for the purposes of the Labour Relations Act, the Respondent is a trade union. Consequently, the Industrial Court has jurisdiction to determine the dispute between the Claimant, a registered federation of trade unions, and the Respondent, whose objectives align with those of a trade union. The Court declined to address the broader constitutional jurisdiction issue at this stage, noting conflicting High Court decisions and the need for a substantive determination by a larger...

Court Disposition

Preliminary Objection dismissed; matter to proceed to hearing on merits.

Orders

  • The Respondent is ordered to file its Response on or before 5 October 2012.
  • The Registrar is to place the file before the Chief Justice after ten days for assignment of an uneven number of Judges to hear the Cause.