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Benson Ngoma Mtungu,Lawrence Katana Kenga,Maurice Otieno Olunya,Caroline Helinda Auma Mobutu,Michael Owino,Harriet Mboli Manga & Simon Ndolo v. Registrar of Trade Unions & Transport Workers Union

(2018) JELR 105730 (CA)

Court of Appeal  •  Civil Appeal 16 of 2017  •  17 May 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] This is a second appeal, and that being so, only points of law fall for our determination and that is; whether the appellants’ application for registration of a trade union to be known as Kenya Union of Container Freight Stations and Depots workers should be allowed. The same issue was heard by Registrar of Trade Unions who declined the appellants’ application for registration, an appeal was filed and was fully heard before the Employment and Labour Relations Court (ELRC). In the circumstances it was imperative that all the factual issues were thrashed to a pulp in those forums and for us the issue is whether the learned Judge erred when he made the following conclusion which is at the core of this appeal:-

“After considering the foregoing provision, I do not find any merits in the appellants’ contention that the respondent erred by seeking and acting on the advice from the National Labour Board. The respondent acted within the law when she sought the advice fr…

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