AVIATION & AIRPORT SERVICES WORKERS UNION (KENYA)
V.
REGISTRAR OF TRADE UNIONS & ANOTHER

RULING

I. INTRODUCTION

[1] The Substantive matter before this Honorable Court is a Petition of Appeal dated and filed on the even date of 23^rd February, 2017. The appeal is brought under Article 163 (4) (a) of the Constitution, sections 15 (2) of the Supreme Court Act and Rule 9 and 33 of the Supreme Court Rules, 2012. It challenges the decision of the Court of Appeal dated 13^th February, 2017 which stayed execution of the judgment of the Employment and Labour Relations Court (ELRC) dated 2^nd December, 2016, which ELRC decision had directed that the 2^nd Respondent be deregistered as a Trade Union.

II. LITIGATION BACKGROUND

[2] This appeal springs from a Judicial Review Application: Misc. Application No. 439 of 2013, filed by the Applicant/Petitioner herein, challenging the decision of the 1^st Respondent to register the 2^nd Respondent as a Trade Union. The registration was challenged on the grounds that the application for registration was defective, as the name of the proposed trade union…