DANIEL OUMA OKUKU V. KENYA PLANTATION & AGRICULTURAL WORKERS UNION & GLADYS MUMBUA DAVID WANYONYI FAITH KARUITHA ROSEMARY KAMAU RUTH WANJIRU PATRICK AKALI & BERNARD EMBOSA (ALL SUED ON THEIR OWN BEHALF AND AS EXECUTIVE COMMITTEE MEMBERS, KENYA PLANTATION & AGRICULTURAL WORKERS UNION THIKA BRANCH)

JUDGMENT OF THE COURT

The central issue in this appeal is whether the termination of employment of the appellant by the respondent was procedural and lawful.

By a statement of claim filed at the the Industrial Court of Kenya (now renamed Employment and Labour Relations Court) the appellant Daniel Ouma Okuku sued the respondents Kenya Plantation and Agricultrual Workers Union and its officers. He stated that he was elected as Branch Secretary of the 1st respondent located in Thika on 28th January, 2006 for a five year period and that he served in that position and was re-elected for another 5 year term. That position is vindicated by a letter dated 20th February, 2006 which is a letter of appointment signed by the General Secretary of the 1st respondent confirming that the appellant was elected to the said position of Branch Secretary, Thika and the letter informs the appellant that he would serve on full time basis with effect from 1st February, 2006 on a salary. It was further stated i…