Public Transport Operators Union & another v Registrar of Trade Unions & others
The bottom line
#Kenya's Employment Court ruled the Registrar of Trade Unions cannot sit on registration applications for years, but stopped short of ordering the federation registered.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the circumstances of this case merit an order of Mandamus compelling the 1st Respondent to issue a Certificate of Registration for the proposed Federation of Kenya Workers Congress (FKWC)
Key legal issues
#Whether the Registrar's four-year inaction on the registration application, attributed to awaiting the National Labour Board's advice, amounted to a refusal to perform a statutory duty enforceable by mandamus
Yes - the delay was inordinate and prima facie amounted to a refusal to perform the functions mandated on the Registrar's office, infringing the Applicants' constitutional rights
The Registrar's letter of 2 February 2022 indicated the application would be placed before the National Labour Board for advice. Four years elapsed with no communication. The Registrar alleged the Applicants had not met registration requirements but produced no evidence of a written refusal as required by section 20. Following the Ogolla decision, consultation with the Board is not binding and the Registrar retains the legal duty to decide. The inaction infringed the Applicants' rights under Articles 27, 41 and 47.
Whether the Court could order the Registrar to issue the Certificate of Registration
No - the Court cannot usurp the Registrar's statutory functions by ordering registration; instead the Registrar was directed to consider and respond to the application within 14 days
The Court agreed with the 1st Respondent that judicial review remedies address the legality of the decision-making process, not the conferment of registration where statutory conditions under sections 16 and 19 of the Labour Relations Act have not been independently verified by the Court. Having found the delay infringed the Applicants' rights, the appropriate remedy was a mandatory order compelling the Registrar to consider and respond to the application within a fixed period, not an order of registration.
Legal principles established
#- Mandamus lies to compel a public authority to perform a public legal duty; the Registrar of Trade Unions cannot indefinitely delay action on a registration application by claiming to await the National Labour Board's advice, since the Board's role is consultative only and the statutory duty to decide rests on the Registrar
- A refusal to register a trade union, employers' organisation or federation must be communicated in writing with reasons in Form D under section 20 of the Labour Relations Act
Court orders
#- 1.The 1st Respondent is directed to consider the Applicants' application for registration and respond to the same within 14 days from the date of the judgment
- 2.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Judicial review jurisdiction of the ELRC under Article 27, 41 and 47 of the Constitution (alleged contravention of fundamental rights and freedoms), pursuant to leave granted on 17 March 2026
Relief refused
#Order of mandamus compelling the 1st Respondent to forthwith issue a Certificate of Registration for the Federation of Kenya Workers Congress (FKWC)
The Court cannot usurp the functions of the Registrar of Trade Unions by ordering registration of the Federation
Costs
Parties shall bear their own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Prima facie the 1st Respondent's action amount to a refusal to perform the functions specifically mandated upon her office. Such refusal is an infringement of the Applicants' constitutional rights, which begs for the intervention of this Court.
the court is in agreement with the 1st Respondent that this Court cannot usurp the functions of the Registrar of Trade Unions by ordering the registration of the Federation
the 1st Respondent is directed to consider the applicants and respond to the same within 14 days from the date hereof. Parties shall bear their own costs.
Issues in the judgment
#Interested party named 'The Artoney General' - apparent misspelling of Attorney General
Judgment delivered 2026 but relies on COVID-19 directions of 2020 for virtual delivery
Gazette Notice dated 17 December 2023 but Registrar's letter referenced is dated 2 February 2022 - chronology unclear
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Public Transport Operators Union & another v Registrar of Trade Unions & others", Case Analysis (2026). Judicial Review No. E028 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2659/eng@2026-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.