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Kenya Plantation & Agricultural Workers Union v. Cabinet Secretary Labour & Social Protection & Kenya Export Floriculture, Horticulture & Allied Workers Union

(2019) JELR 99996 (CA)

Court of Appeal  •  Civil Application 152 of 2019 (UR. 141/2019)  •  8 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

The applicant intends to appeal to this Court against the judgment and decree of the Employment and Labour Relations Court, “ELRC” at Kericho (M. Mbaru, J.) dated 14th May, 2019. The applicant moved the ELRC in its capacity as the registered trade union under the provisions of the Labour Relations Act representing employees in the agriculture and plantation sector through a statement of claim seeking:

“(a) A permanent injunction to prohibit and/or restrain the 1st and 2nd respondents by themselves, their servants, agents or anyone claiming through them from demanding, compelling and/or requiring any employer or employee to deduct trade union dues and or implementing Gazette Notice No. 157 dated 13th June, 2018 of the Labour Relations Act, No 14 of 2014 citing Kenya Export Floriculture, Horticulture and Allied Workers Union deduction of union dues order, 2018.

(b) A declaration to issue suspending/setting aside and or implementing Gazette Notice No 157 dated June 2018 …

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