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July 13, 1989 the following Judgment of the court was delivered.
Mr. Jacob Zedekiah Ochino (the first appellant) is a veteran trade unionist and holds the powerful position of general secretary in the giant Kenya Petroleum Oil Workers Union, the second appellant in this appeal (hereinafter referred to simply as “the Union”).
All the five respondents are also members of the Union and office bearers of the Union either at the Nairobi Branch or at the national level. Over the last few years, there has been a bitter struggle for power within the Union which came to a head when on April 18, 1988, the first appellant called a meeting of the Executive Committee of the Union for April 27, 1988, to consider disciplinary action against the first four respondents. Although the fifth respondent was also a member of the Executive Committee, the first appellant decided for no apparent reason, not to invite him to attend this crucial meeting. The respondents thought that the action contemplated by the…