Friday Win: Court of Appeal Upholds Trade Union Decision
We are thrilled to share a significant legal victory for our client, the Interested Party, in Civil Appeal No. E028 of 2022 – Kenya Salt Workers Union vs. The Registrar of Trade Unions & Another.
The Court of Appeal dismissed the appeal, upholding the decision to refuse the registration of the Kenya Salt Workers Union for the following key reasons:
- The proposed union sought to represent workers already sufficiently covered by an existing registered trade union (our client).
- Section 14(1)(d) of the Labour Relations Act prohibits the registration of a new trade union where another is already sufficiently representative of workers in that sector.
- The Registrar of Trade Unions was not obligated to approve the registration simply because there was no formal objection—the law requires an independent assessment of sectoral representation.
- The court affirmed that limiting the proliferation of trade unions prevents confusion, unnecessary disputes, and strengthens collective bargaining for workers.
See More on Kenya Law: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/119/eng@2025-02-07