[2018] KEELRC 2159 (KLR)
The court determined that it could not proceed to judgment due to the Respondent's failure to disclose material facts and documents, including the lack of clarity on whether the Interested Parties were among the promoters or applicants for the trade union registration, and the absence of evidence that the Interested...
Source-derived case information.
- Citation
- [2018] KEELRC 2159 (KLR)
- Parties
- Appellant: Murdock Owuor, Arnold Kedenge, Jayne N. Emisembe, Zachary Chebulobi, John Muthini, Beatrice Ayuma, John Muraya, James M. Munyao, Ledigu Sebastian, Josephine Nyakwachi, Emanuel R. Loyamoru’ro (as proposers of the proposed Kenya Union of Technical and Vocational Education Trainers); Respondent: Registrar of Trade Unions; Interested Party: Sebastian Ludigo; Interested Party: Kephas Oguwi; Interested Party: Elizabeth Cheptoo
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Appeal 26 of 2016
- Procedural Posture
- Appeal / Directions Before Judgment
- Outcome
- Further directions issued suo moto; judgment deferred.
- Judges
- MSA Makhandia
- Legal Topics
- Trade Union Registration, Appeals Procedure, Disclosure of Material Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Murdock Owuor, Arnold Kedenge, Jayne N. Emisembe, Zachary Chebulobi, John Muthini, Beatrice Ayuma, John Muraya, James M. Munyao, Ledigu Sebastian, Josephine Nyakwachi, Emanuel R. Loyamoru’ro (as proposers of the proposed Kenya Union of Technical and Vocational Education Trainers)
Appellant
Registrar of Trade Unions
Respondent
Sebastian Ludigo
Interested Party
Kephas Oguwi
Interested Party
Elizabeth Cheptoo
Interested Party
Procedural Posture
Appeal / Directions Before Judgment
Legal Issues
- 1 Whether the Respondent failed to disclose relevant and material facts/documents affecting the appeal.
- 2 Whether the Interested Parties were properly served with the Amended Memorandum of Appeal.
- 3 Whether the Interested Parties were among the promoters or applicants for the trade union registration.
Ratio Decidendi
The court determined that it could not proceed to judgment due to the Respondent's failure to disclose material facts and documents, including the lack of clarity on whether the Interested Parties were among the promoters or applicants for the trade union registration, and the absence of evidence that the Interested Parties were served with the Amended Memorandum of Appeal. These omissions go to the root of the appeal and prevent the court from delivering a just and informed decision. As a result, the court exercised its discretion to issue directions suo moto, requiring the parties to appear for further directions to address these deficiencies before judgment can be rendered.
Court Disposition
Further directions issued suo moto; judgment deferred.
Orders
- Deputy Registrar to issue summons to the Appellants and Respondent to appear in Court on 11 April 2018 for appropriate directions.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
APPEAL UNDER SECTION 30 OF THE LABOUR RELATIONS ACT NO. 14 OF 2007
APPEAL NO. 26 OF 2016
IN THE MATTER OF AN APPEAL OF THE DECISION OF THE REGISTRAR OF TRADE UNIONS
MURDOCK OWUOR
ARNOLD KEDENGE
JAYNE N. EMISEMBE
ZACHARY CHEBULOBI
JOHN MUTHINI
BEATRICE AYUMA
JOHN MURAYA
JAMES M. MUNYAO
LEDIGU SEBASTIAN
JOSEPHINE NYAKWACHI
EMANUEL R. LOYAMORU’RO
(all suing as the proposers of the proposed
Kenya Union of Technical and Vocational Education
Trainers)...............................................................APPELANTS
v
THE REGISTRAR OF TRADE UNIONS.....RESPONDENT
SEBASTIAN LUDIGO..................1st INTERESTED PARTY
KEPHAS OGUWI.........................2nd INTERESTED PARTY
ELIZABETH CHEPTOO.............3rd INTERESTED PARTY
DIRECTIONS SUO MOTO
1. On 13 March 2018, after highlighting of submissions, the Court reserved judgment to 4 May 2018.
2. In the course of preparing the judgment, the Court has noted several anomalies/failure to disclose relevant and material facts/documents on the part of the Respondent that makes it impossible to do justice to the parties.
3. As an illustration, the Respondent admitted that it had issued a certificate of registration in respect of Kenya Union of Technical and Vocation Education Trainers to the Interested Parties.
4. There was no disclosure as to whether the Interested Parties were part of the promoters or those who made an application for the registration of the trade union.
5. Such disclosure, in the view of the Court goes to the root of the Appeal pending judgment herein.
6. The Court also notes that the Respondent did not attach a legible copy of what she referred to as ’’ENG 8’’ in her replying affidavit or a copy of the certificate issued.
7. The Court further notes that there is no evidence that the Interested Parties were served with the Amended Memorandum of Appeal. None of the parties drew the attention of the Court to this question. Whether this was deliberate or genuine mistake is at large.
8. Considering the foregoing, the Court on its own motion directs the Deputy Registrar to issue summons to the Appellants and Respondent to appear in Court on 11 April 2018 for appropriate directions.
Issued and dated in open Court in Nairobi on this 6th day of April 2018.
Radido Stephen
Judge
Court Assistant Lindsey