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Kenya National Union of Teachers, Wilson Sossion & Mudzo Nzili v. Teachers Service Commission

(2018) JELR 100010 (CA)

Court of Appeal  •  Civil Appeal 327 of 2013  •  26 Oct 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the Ruling of the Industrial Court of Kenya as it was then known, now the Employment and Labour Relations Court (ELRC), Linnet Ndolo, J. dated 26th June, 2017.

The background to the appeal is that in February, 2013, the appellants issued a notice for the strike prompting the Minister for Labour to appoint a conciliator who filed a certificate of disagreement after the conciliation proceedings failed. Following the collapse of the conciliation proceedings, the appellants called for a nationwide strike beginning 25th June, 2013. This is what prompted the respondent to file Petition No. 23 of 2013, simultaneously with a Notice of Motion seeking orders to restrain the appellants, and the 1st appellant’s members from continuing with a nationwide strike, resulting in the exparte court orders issued on the 1st of July, 2013, as follows;-

“(a) The petitioner and the Respondents are directed to decamp from their hardline position and proceed to…

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