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Jargon buster

Short definitions of words you will meet on this site. General information only — not legal advice. Relevant law should always be checked in full.

Trade union

An organisation regulating relations between workers and employers. TCU sought to be the specific union for KRA staff — see origins.

Registration (Sec.16 / Sec.12)

1st application under Trade Unions Act Sec.16(1)(d) Cap 233 — refused 6 Feb 2004. 2nd under Labour Relations Act 2007: Sec.12 certificate 4 Mar 2009, Sh15,000 paid — refused 10 Dec 2010 (see Phase 1).

ROTU / Registrar

Registrar of Trade Unions: received TCU 21 Jan 2002 receipt 924151, refs TU/R/332/2 and TU/R/332/25, Form E refusal, Gazette 2875 of 19 Mar 2010.

BIFU(K) / KUCFAW / COTU / FKE

Four objectors Feb–Apr 2002: BIFU (financial workers), KUCFAW B/1/2002/2 (cash handlers), COTU COTU/ADM.1/27/VOL.II/71 (civil servants), FKE (duplicate). All rebutted 12 Jun 2002. Tripartite = government + COTU + FKE.

Recognition & collective bargaining

Recognition lets a union negotiate for a defined group. TCU never got there — check-offs lodged May 2004 were refused, leading to Misc. 1683/2004.

Check-off (Sec.49)

With signed authorisation, dues deducted and remitted. BIFU lodged ~37 forms / 714 members 3–5 May 2004; Registrar and Labour Commissioner directed KRA to comply; KRA refused — hence court.

Misc. 1683/2004 [2008] eKLR

BIFU v KRA, Justice George Dulu 22 Sep 2008: KRA not a financial institution; KUCFAW amendment irregular vs Cause 75/1999. Only a specific union fits.

Victimisation

Unfair treatment for lawful union activity. Docs cite Masoud dismissal 28 Sep 1998, arrest CMCC 1791/2004 acquitted 2 Jul 2005, HCCC 1511/2005 claim.

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