[2023] KECA 183 (KLR)
The Court of Appeal held that, following the dissolution of the 2nd respondent as a trade union and the confirmation of this fact by the Registrar of Trade Unions, there was no longer a competing trade union in the aviation industry. As a result, the original basis for the judicial review proceedings—namely, the...
Source-derived case information.
- Citation
- [2023] KECA 183 (KLR)
- Parties
- Appellant: Kenya Aviation Workers Union; Respondent: Registrar Of Trade Unions; Respondent: Aviation & Airport Services Workers Union
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 23 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- DK Musinga, K M'Inoti, GWN Macharia
- Legal Topics
- Trade Union Registration, Dissolution of Trade Unions, Judicial Review, Labour Relations Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Aviation Workers Union
Appellant
Registrar Of Trade Unions
Respondent
Aviation & Airport Services Workers Union
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the dissolution of the 2nd respondent renders the appeal moot.
- 2 Whether the registration of the appellant as a trade union in the aviation industry remains valid in the absence of another union.
Ratio Decidendi
The Court of Appeal held that, following the dissolution of the 2nd respondent as a trade union and the confirmation of this fact by the Registrar of Trade Unions, there was no longer a competing trade union in the aviation industry. As a result, the original basis for the judicial review proceedings—namely, the existence of two registered trade unions in the same sector—no longer existed. The 1st respondent did not oppose the appeal, and there was no live controversy to be resolved. The court therefore allowed the appeal, set aside the orders quashing the appellant's registration, and directed that each party bear its own costs.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
23 paragraphs
Kenya Aviation Workers Union v Registrar of Trade Unions & another (Civil Appeal 23 of 2017) [2023] KECA 183 (KLR) (17 February 2023) (Judgment)
Neutral citation: [2023] KECA 183 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal 23 of 2017
DK Musinga, K M'Inoti & GWN Macharia, JJA
February 17, 2023
Between
Kenya Aviation Workers Union
Appellant
and
Registrar Of Trade Unions
1st Respondent
Aviation & Airport Services Workers Union
2nd Respondent
(Appeal from the judgment and decree of the Employment & Labour Relations Court at Nairobi (Nduma, J.) dated 2nd December 2016 in ELRCC JR No. 1 of 2014)
Judgment
1. On November 20, 2013, the 1st respondent (the Registrar of Trade Unions), registered the appellant, (Kenya Aviation Workers Union (KAWU)) as a trade union in the aviation industry. The 2nd respondent, Aviation & Airport Services Workers Union, which was already registered as a trade union in the same industry, was aggrieved and took out judicial review proceedings in the Employment and Labour Relations Court at Nairobi for among others, an order of certiorari to quash the registration of the appellant.
2. The application was heard and allowed by Nduma, J in a judgment dated December 2, 2016. The appellant was aggrieved and filed the present appeal.
3. At the hearing of the appeal, Mr Ngatia, learned SC, leading Mr Kyobika, learned counsel for the appellant, informed the Court that the 2nd respondent had already been wound up as a trade union and was no longer in existence. This fact was confirmed Ms Oyugi, learned counsel for the 1st respondent. In the circumstances, Ms Oyugi indicated that the 1st respondent did not oppose the appeal because there were no longer two trade unions in the same industry.
4. We have carefully considered this appeal. The documents availed to the Court indicate that on June 29, 2019 the 2nd respondent held a special delegates conference at Cabanas Hotel, Nairobi, and passed a resolution to dissolve itself as a trade union. That dissolution was confirmed by the Registrar of Trade Unions vide a letter dated July 8, 2019. We have also seen a Notice of Dissolution (Form P) duly signed by the Registrar of Trade Unions on July 8, 2019 certifying that the dissolution of the 2nd respondent is duly registered pursuant to section 29 of the Labour Relations Act.
5. In view of the dissolution of the 2nd respondent and the fact that the 1st respondent does not oppose the appeal because there is no other registered trade union in the aviation industry or sector, we allow this appeal and direct each party to bear its own costs. It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 17TH DAY OF FEBRUARY, 2023D K. MUSINGA, P...............................JUDGE OF APPEALK. M’INOTI...............................JUDGE OF APPEALG. W. NGENYE-MACHARIA...............................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR