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JOHNSON OGENDO & GEORGE MUCHAI V. BENJAMIN K. NZIOKA & 5 OTHERS

(1994) JELR 100759 (CA)

Court of Appeal  •  Civil Appeal 167 of 1993  •  17 Jun 1994  •  Kenya

Coram
Johnson Evan Gicheru, Akilano Molade Akiwumi, Mathew Guy Muli

Judgement

JUDGMENT

On 2nd July, 1993, it is alleged, the Governing Council of the Central Organisation of Trade Unions, Kenya, (hereinafter referred to as “COTU”), held a meeting at the Kenyatta International Conference Centre, at which the then office holders of COTU were removed and replaced by others including the appellants, Johnson Ogendo and George Muchai. The then office holders of COTU were the six respondents who included Jolly Mugalla as Secretary General of COTU, Boniface Munyao as Deputy Secretary General of COTU and George Odiko as Assistant Secretary General of COTU. These three offices of Secretary General, Deputy Secretary General and Assistant General of COTU, are offices of some importance for out of the eleven offices of COTU as set out in rule 6 of the COTU Constitution and Rules which formed part of the evidence before the superior court, they are, unlike the other seven offices which are to be filled by secret ballot every five years at a meeting of the Governing Council of…

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