KENYA PLANTATION & AGRICULTURAL WORKERS UNION V. DAVID BENEDICT OMULAMA, ANDREW W. MAKWAGA, BENARD AMUCHIZI MUKAISI, ANDRIANO MUKALO, WYCLIFFE SORE, SEVERIO MASIKA, LILLIAN INGUTIA, EFELI A. NANDI, JAMES AMATONYE & REGISTRAR OF TRADE UNIONS

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of Industrial Court now renamed the, Employment and Labour Relations Court, allowing the appeal of the 1^st to 9^th respondents against the decision of the Registrar of Trade Unions (10^th Respondent) refusing to register The Kenya Export Floriculture, Horticulture and Allied workers Union (KEFHAU).

[2] The current law relating to the registration of trade unions is contained in the Labour Relations Act No. 14 of 2007 (Act) which commenced on 26^th October 2007. The Act by section 54(1) repealed the Trade Unions Act and the Trade Disputes Act which previously governed the registration of trade unions and industrial disputes. Five steps in the registration of a trade union can be discerned from the Act.

(2.1) The first step is for promoters of the proposed trade union to apply to the Registrar of Trade Unions (Registrar) for a certificate which permits the promoters to recruit members of the proposed union (Section 12(2) ]

The ap…