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Justus Aloo Ogeka,Ouma Juma,Sebastian Ngorwe,Richard Ongoro,Mark Amimo,Monica Kendi,Nancy Jeruto & Kenya National Union of Co-operative Staff v. Registrar of Trade Unions,Kenya Union of Commercial Food and Allied Workers & Banking Insurance and Finance Union (K)

(2017) JELR 100414 (CA)

Court of Appeal  •  Civil Application 87 of 2016  •  31 Mar 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Fatuma sichale

Judgement

RULING OF THE COURT

The applicants, HON. JUSTUS ALOO OGEKA, OUMA JUMA, SEBASTIAN NGORWE, RICHARD ONGORO, MARK AMIMO, MONICA KENDI, NANCY JERUTO and THE KENYA NATIONAL UNION OF CO-OPERATIVES STAFF (Union) filed a Notice of Motion dated 4th April, 2016 and sought several orders. In the main, they sought two orders:

“(b) An order of stay does issue staying the execution of the order of the Nairobi Employment and Labour Relations Court (Hon. Lady Justice L. Ndolo) given on 12th February, 2016 and upheld on 10th March, 2016, pending hearing and determination of the Intended Appeal.

(c) An order of mandatory injunction does issue compelling the Registrar of Trade Unions to authorize the opening of a bank account (s) in the name of Kenya National Union of Co-operative Staff; and, for the Registrar of Trade Unions to allow change of name of officer(s) of Kenya National Union of Co-operatives Staff, and to permit the Union to undertake its lawful activities unhindered.”

The REGISTRAR OF TRADE UNIO…

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