KENYA PLANTATION & AGRICULTURAL WORKERS' UNION V. KENYA EXPORT FLORICULTURE, HORTICULTURE AND ALLIED WORKERS' UNION (KEFTHAU) 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

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Appellant moved this Court via a Petition dated 6^th March 2018, being an appeal against the Judgment of the Court of Appeal (Githinji, Waki and Kiage JJA) in Kenya Plantation and Agricultural Workers Union v. David Benedict Omulama and 9 others, Nairobi Civil Appeal No. 141 of 2014 which upheld the Judgment of the Industrial Court (now Employment and Labour Relations Court) at Nairobi (Monicah Mbaru J ) in Cause No. 7 of 2011. The Court of Appeal dismissed the Appellant’s appeal on 12^th May, 2017.

[2] While certifying this appeal as one involving a matter of general public importance, in Civil Application No. Sup.5 of 2017, the learned Judges of Appeal (Warsame, Ouko and Murgor JJA) on 23^rd February, 2018 held themselves thus:

“We have analyzed the Notice of Motion and the affidavit in support of the application and hold that the intending appellant has met his obligation to identify and concisely set out the specific elements of "general publ…