[2019] KEELRC 790 (KLR)

[2019] KEELRC 790 (KLR)

The court found that the claimant union, as a registered trade union, had the legal capacity to institute the suit, and that the respondent's employees could not be prevented from joining a union of their choice as protected by Article 41 of the Constitution. The court held that the respondent's preliminary...

Source-derived case information.

Citation
[2019] KEELRC 790 (KLR)
Parties
Claimant: Public Transport Operators Union; Respondent: Rwaken Investment Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1337 of 2018
Procedural Posture
Cause / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
HS Wasilwa
Legal Topics
Trade Union Capacity, Employee Right to Unionize, Preliminary Objection Threshold
Source Language
en
Employment and Labour Trade Union Capacity Employee Right to Unionize Preliminary Objection Threshold

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Public Transport Operators Union

Claimant

Rwaken Investment Limited

Respondent

Procedural Posture

Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claimant union had legal capacity to institute the suit.
  2. 2 Whether the respondent's employees are eligible to join the claimant union.
  3. 3 Whether the preliminary objection meets the legal threshold for such objections.

Ratio Decidendi

The court found that the claimant union, as a registered trade union, had the legal capacity to institute the suit, and that the respondent's employees could not be prevented from joining a union of their choice as protected by Article 41 of the Constitution. The court held that the respondent's preliminary objection did not meet the legal threshold for such objections, as it did not raise a pure point of law but rather factual disputes regarding the eligibility of employees and the union's capacity. The court dismissed the preliminary objection as lacking merit.

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection is dismissed.
  • Costs in the cause.