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Communication Workers Union & Benson Okwaro Okumu v. Communication Authority of Kenya

(2015) JELR 103095 (CA)

Court of Appeal  •  Civil Application 83 of 2015  •  31 Jul 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

This application is brought by way of Notice of Motion dated 20th March, 2015 under Rule 5(2)(b) of the Court of Appeal Rules (the Rules), for stay of execution pending the hearing and determination of an intended appeal. The appeal intended herein arises from the decision of the Industrial Court (Nzioki wa Makau, J) dated 23rd January 2015. Briefly, the material facts are as follows:-

The applicants COMMUNICATION WORKERS UNION and BENSON OKWARO OKUMU (the then Claimants) filed a Statement of Claim on 22nd December 2014 the same being Industrial Court Cause No. 72 of 2014. In the main, the Claimants complaints were that the respondent, Communication Authority of Kenya had unlawfully and unfairly declared the positions of Directors and Assistant Directors redundant. They also complained that the respondent was practicing unfair labour practices contrary to the Provisions of Article 41(1) of the 2010 Constitution.

The respondent filed a preliminary objection dated 8th J…

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