JUDGMENT
Background
Barnabas Lagat and John Githua Mbate (the respondents) being desirous of registering a Trade Union known as the Kenya Teachers Congress (KTC) approached the office of the Registrar of Trade Unions to facilitate their aforesaid intention. They lodged an application for issuance of a certificate of establishment of a trade union at the office of the Registrar of Trade Unions.
The Registrar of Trade Unions made a decision on 29th March, 2016, and invoked the provisions of Section 12 as read with Section 14 of the Labour Relations Act (the Act) and declined to issue a Certificate of Recruitment leading to registration to the respondents.
The principal reason cited for the said decision was that the intended sector of coverage was sufficiently represented by the already registered unions including Kenya National Union of Teachers (KNUT) the appellant herein.
Aggrieved by the decision of the Registrar of Trade Unions, the respondents lodged an appeal at the Employment and Lab…