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Kenya Dock Workers Retirees Association v. Kenya Ports Authority, Industrial Court of Kenya & Kenya Dockworkers Union

(2018) JELR 100064 (CA)

Court of Appeal  •  Sup. 1 of 2015 (UR 89/17)  •  23 Feb 2018  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale

Judgement

RULING OF THE COURT

1. Kenya Dockworkers Retirees Association made an application to this Court on 22nd January 2015 by way of Notice of Motion dated 20th January, 2015 seeking under Article 163(4)(b) of The Constitution of Kenya 2010 certification of their intended appeal to the Supreme Court of Kenya from the judgment of this Court (Waki, Kiage and Murgor, JJ.A) delivered on 31st July, 2014 in Civil Appeal No. 236 of 2012 involving Kenya Ports Authority, the 1st respondent herein, the Industrial Court (now Employment and Labour Relations Court), the 2nd respondent herein, and Kenya Dockworkers Union, the 3rd respondent herein.

2. Appeal No. 236 of 2012 arose from the decision of the High Court (Korir, J.) contained in a Ruling delivered on 21st February, 2012 dismissing an application by Kenya Ports Authority seeking, inter alia, an order of certiorari removing to the High Court for quashing that part of the Industrial Court award dated 5th April, 2007 delivered in Industrial Cause N…

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