BANKING INSURANCE AND FINANCE UNION (K) V. JUSTUS ALOO OGEKA, OUMA JUMA, SEBASTIAN NGORWE, RICHARD ONGORO, MARK AMIMO, MONICA KENDI, NANCY JERUTO, REGISTRAR OF TRADE UNIONS & KENYA UNION OF COMMERCIAL FINANCE UNION (K)

RULING OF THE COURT

The applicant by Notice of Motion dated 28^th January 2015 has moved this Court under Sections 3 A and B of the Appellant Jurisdiction Act and Rules 5 (2) (b), 41 and 47 of the Rules of this Court seeking orders to stay proceedings in Nairobi Industrial Cause Appeal No. 1 “A” of 2012 pending the hearing and determination of an intended appeal against the Ruling/Orders of Ndolo, J. dated 21^st November 2014.

In the impugned ruling at paragraph 7 thereof, the learned judge expressed herself as follows:

“The issue for determination in this application is whether the 2^nd Interested Party has made out a case for stay of proceedings in the appeal pending before this Court. For good order, I need to restate that what is pending before this Court is an appeal from the decision of the Registrar of Trade Unions to decline the appellant’s application for registration as a trade union. The decision by the Registrar of Trade Unions was based on the ground that the sector in which th…