RULING OF THE COURT
By a notice of motion application dated the 19th January, 2018, Kenya Tea Growers Association (KTGA) and Unilever Tea Growers Association (UTGL) (the applicants); seek inter alia an order of stay of execution of the order made by the Employment and Labour Relations Court (ELRC) at Nairobi dated the 17th January, 2018 pending the hearing and determination of the intended appeal. The application was brought against Kenya Plantation and Agricultural Workers Union (the respondent), under the provisions of sections 3A and 3B of the appellate Jurisdiction Act and Rules 5(2)(b) and 103 of the Rules of this Court.
The application is premised on five grounds set out on the face of the application and is supported by the affidavits of Apollo Kiarii, the Chief Executive Officer of KTGA and Alison Kariuki, the Legal Director of UTGL. The application is opposed by way of a replying affidavit sworn by Meshack Khisa, the Assistant Secretary General of the respondent.
In summary, the…