It is a big win for over 200 musicians in the country after the High Court ordered the Registrar of Trade Unions Beatrice Mathenge to register their Kenya Musicians’ Union.
A judgement rendered by Justice James Rika of the Milimani Employment and Labour Relations Court compels the government to register the Musician’s union without further delay.
“The Registrar of Trade unions shall forthwith register Kenya Musicians Union. The Registrar shall issue Kenya Musicians Union with a certificate of registration and enter the Kenya Musicians’ name in the appropriate register,” Justice Rika has ordered.
While allowing the registration of the union, the Judge ruled that the over 200 musicians in Kenya have a right to belong to a trade union in a bid to safeguard their rights and advance their employment and artistic interests.
“They need a trade union of their own to collectively bargain on their behalf, and register a CBA, a labour instrument they have not had in their music careers. There is no impediment in law or fact, to deny them registration,” the judge ruled.
The verdict by the court comes after the musicians appealed a decision by the government to decline to recognize their union.
The Registrar of Trade Unions had on October 25, 2021, declined to register the new union on the ground that there is another trade union known as Kenya Union of Entertainment and Music Industry Employees, which sufficiently represents a substantial proportion of the musicians’ interests.
Aggrieved by the move four musicians namely John Katana Harrison, Juma Odemba and George Odhiambi and Martin Mururia on behalf of the 200 other musicians moved to court on July 18, 2022, arguing principally that the Registrar erred in declining registration, because Kenya Union of Entertainment and Music Industry Employees, involves a wider group of Employees, including bouncers, waiters, waitresses, chefs, deejays, event organizers, comedians, among others.”
“We musicians are a unique group. We are composers of artistic work. We are freelancers and mostly attached to music producers and labels for specific projects/ contracts. Others in the entertainment industry are mostly in formal employment, ” the petitioners told the court.
According to the Musicians, they argued that different trade unions have been registered in the same field, provided they have different sectoral interests.
They further informed the court that on November 4, 2022, they wrote a letter to the Registrar that they had entered a Memorandum of Understanding [MOU] with Kenya Union of Entertainment and Music Industry Employees, and there was no longer objection to their registration.
The Registrar of Trade unions had opposed the suit confirming that registration was denied solely on the ground that there is another trade union, Kenya Union of Entertainment and Music Industry Employees, which sufficiently represents the interests of musicians.
She further states that one of the musicians Laban Juma was granted a certificate for recruitment of members of the Kenya Musicians Union, under Section 12 of the Labour Relations Act, on February 3, 2017.
“The Appellants (Musicians) failed to make the substantive application for registration under Section 13 of the Labour Relations Act. The provision requires that the substantive application is made within 6 months,” Registrar Mathenge stated. BY K24 NEWS