Automated Summary
Key Facts
The Kenya Union of Water & Sewerage Employees (KUWASE) petitioned the court regarding the proposed registration of the Water Service Workers Union (WaSWU). WaSWU, as the 1st interested party, holds an interim certificate under Section 12 of the Labour Relations Act to promote their union but remains unregistered. The court dismissed an application to strike WaSWU from the proceedings, finding their participation would not prejudice KUWASE, despite KUWASE's argument that allowing WaSWU would cause industrial disharmony in the sector.
Issues
The central issue was whether the 1st Interested Party, an unregistered trade union, had the legal capacity to sue or be sued under the Labour Relations Act. The Applicant argued that unregistered unions lack standing in court proceedings, while the Petitioner contended that the union's interim certificate and prior joinder application justified its continued participation. The court dismissed the application to strike out the 1st Interested Party, finding its presence did not prejudice the petitioners.
Holdings
The court dismissed the application to strike out the 1st interested party (Proposed Water Service Worker Union) from the proceedings. It determined that their presence would not prejudice the petitioners, as they hold an interim certificate under Section 12 of the Labour Relations Act and are recognized as promoters of a new union. The court found the application unmerited and allowed the interested party to remain in the case.
Remedies
- The 1st Interested Party is allowed to remain in proceedings despite not being a registered trade union. Costs in the petition.
- The application to strike out the 1st Interested Party was dismissed as unmerited. Costs in the petition.
Legal Principles
The court applied provisions of the Labour Relations Act, particularly Section 21(1)(b), to determine that an unregistered trade union lacks legal capacity to sue or be sued. However, the court dismissed the application to strike out the 1st interested party as unmerited, noting their interim certificate from the Registrar allowed them to proceed with registration and participate in proceedings.
Cited Statute
Labour Relations Act
Judge Name
HS Wasilwa
Passage Text
- 19. The presence of the 1st interested party will in this Court's view not prejudice the petitioners in any way. This is even so due to the petition before court which touches on the 1st interested party. I therefore find the application for the interested party to be struck out of the proceedings unmerited and is dismissed. Costs in the petition.
- 15. The 1st interested party has exhibited evidence that they have applied and been given authority by the registrar to start promoting their union as per section 12 of the Labour Relations Act.