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National Union of Water & Sewerage Employees, Rufus Olefa Osotsi ,Philemon Otieno Atik & Anne Burugu v. Nairobi City Water & Sewerage Co. Ltd, Nairobi City Council, Kenya Local Government Workers Union (Klgwu) & Association Of Local Government Workers

(2013) JELR 98515 (CA)

Court of Appeal  •  Civil Application 85 of 2013  •  26 Jul 2013  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

The brief facts of the case are that the 1st applicant, National Union of Water and Sewerage Employees(NUWASE) was registered as a Trade Union on 30thMarch 2006. On 11th July, 2006, the 1st applicant signed a Recognition Agreement with the 1strespondent,Nairobi City Water and Sewerage Company Limited (NCWSCL),a limited liability company, wholly owned by the Nairobi County Government(formally known as the City Council of Nairobi), for a period of three years. The agreement was thereafter renewed for a further period of 24 months. Arising from disagreements between the 1st applicant and the 1st respondent relating to the renewal terms the two agreements, and competing interests of the 3rd respondent, Kenya Local Government Workers Union (KLGWU), most employees of the 1st applicant preferred to enroll or remain as members of the 3rd respondent, instead of with the 1st applicant.

In order to secure the payment of union dues and to stem the transfer of employees to the 3r…

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