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Aviation & Allied Workers Union Kenya v. Kenya Airways Limited & 3 others

(2015) JELR 105516 (SC)

Supreme Court  •  Application 50 of 2014  •  6 May 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Mutunga CJ, Tunoi, Ibrahim, Ojwang and Njoki, SCJJ)

APPLICATION NO. 50 OF 2014

–BETWEEN–

AVIATION and ALLIED WORKERS UNION KENYA ............APPLICANT

–AND–

1. KENYA AIRWAYS LIMITED

2. MINISTER FOR TRANSPORT

3. MINISTER FOR LABOUR AND HUMAN RESPONDENTS

RESOURCE DEVELOPMENT

4. ATTORNEY- GENERAL

RULING

BACKGROUND

[1] The applicant filed a Notice of Motion under certificate of urgency on 16th December, 2014 seeking Orders that:

the applicant on its own behalf and on behalf of the aggrieved members directly affected by the decision of the Appellate Court appealed against, is granted leave to appeal against the said decision as regards the interpretation and application of various provisions of the Constitution, including Articles 2(5) and (6) and the treaties, and conventions and tenets of international law applicable to Kenya under the Constitution, by virtue of Articles 10; 40; 41 and 50;

the applicant on its own behalf and on behalf of…

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