KENYA PLANTATION & AGRICULTURAL WORKERS' UNION V. KENYA EXPORT FLORICULTURE, HORTICULTURE AND ALLIED WORKERS' UNION (KEFHAU); REPRESENTED BY ITS PROMOTERS; DAVID BENEDICT OMULAMA, ANDREW MAKWAGA, BENARD AMUCHIZI MUKAISI, ADRIANO MUKALO, WYCLIFF SORE, SEVERIO MASIKA, LILIAN INGUTIA, EFELIA A. NANDI, JAMES AMATONYE & REGISTRAR OF TRADE UNIONS

RULING

A. INTRODUCTION

[1] This is an application by way of Notice of Motion dated 9^th August, 2018 brought under Articles 36, 41(2) (c ) (4)(a), (b) and (5), 50(1), 163(3) (b), 163(4) (b), 163 (7) of the Constitution of Kenya and Rules 23, 26(1)(a), (b) (2)(3)(4) and (5) of the Supreme Court Rules, 2012 and the inherent jurisdiction/powers of the Court. The applications seek the following substantive orders:

1. .............;

2. THAT pending inter-partes hearing and determination of this application and petition, the Petitioner be prohibited and/or restrained by itself, its servants, agents or any other person(s) claiming through it from interfering in any way with the operations of the 1^st to 9^th Respondents’ union by instituting legal proceedings in any other lower courts other than the Supreme Court on matters arising from the impugned Judgment of the Court of Appeal in Civil Appeal No. 141 of 2014;

3. THAT pending inter-partes hearing and determination of this application and the peti…