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Ronald Kiprotich Tonui v. Robert Nyabuto Obwoncha & Kenya Union of Post Primary Edcuation Teachers (KUPPET)

(2017) JELR 94760 (CA)

Court of Appeal  •  Civil Appeal 311 of 2017  •  15 Dec 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

[1] The Notice of Motion before us is principally brought under Rule 5 (2) b of this Court Rules seeking an order to stay execution of the judgment of Linnet Ndolo J., delivered on 2nd September, 2016 in ELRC PETION NO 28 of 2016, pending the hearing and determination of the appeal. In the said suit, Robert Nyabuto Obwoncha, (respondent) filled a petition challenging the eligibility of Ronald Kiprotich Tonui, (applicant) to contest for re-election as Assistant National Treasurer of the 2nd respondent that is the Kenya Union of Post Primary Education Teachers (KUPPET) which is a Trade Union. The constitution of KUPPET required that elections of national officials be held every five (5) years. Pursuant to the elections held in 2011, the applicant was elected and held the position of Assistant National Treasurer which position he intended to defend during the elections that were scheduled to be held on 19th March, 2016 even after he had become a Member of Parliament 20…

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