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Kenya Export Floriculture, Horticulture & Allied Workers Union (KEPHAU) v. Kenya Plantation & Agricultural Workers Union & Registrar of Trade Unions

(2015) JELR 100059 (CA)

Court of Appeal  •  Application 187 of 2014  •  6 Mar 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Before us is an application by way of Notice of Motion dated the 17th day of July, 2014 and lodged in the registry of this Court on the 12th day of August, 2014. It is predicated on rule 5 (2) (b) of this Court’s rules. It substantially seeks an order of stay of the orders of the Industrial Court made on 4th July, 2014 pending the hearing and determination of the application in the first instance and pending the hearing and determination of the main appeal in the second instance.

The application is founded on the grounds in the body of the application and the content of the supporting and supplementary affidavit of David Benedict Omulama. It has been opposed by the first Respondent’s replying affidavit deposed by Francis C. Atwoli on the 12th day of August, 2010 and lodged herein on the 18th day of August, 2014.

The brief background to this application is that, the applicant, Kenya Export Floriculture Horticulture and Allied Workers Union (Kephau) intended to be a spl…

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