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CABINET SECRETARY, MINISTRY OF LABOUR AND SOCIAL PROTECTION & 2 OTHERS
V.
CENTRAL ORGANISATION OF TRADE UNIONS

(2019) JELR 103405 (CA)

Court of Appeal 22 Feb 2019 Kenya
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- Application for stay of execution of the ELRC’s orders (prohibiting NSSF Board meetings pending gazettement of the respondent’s nominee) was dismissed. - The Court of Appeal held that, under Rule 5(2)(b), both arguability of appeal and

Case Details

Suit Number:Civil Application Nai 360 of 2018
Judges:Daniel Kiio Musinga JA, Mohammed Abdullahi Warsame JA, James Otieno Odek JA
Location:Nairobi
Other Citations:Cabinet Secretary, Ministry of Labour and Social Protection & 2 others v. Central Organisation of Trade Unions [2019] eKLR

RULING

1. By a notice of motion application dated 27th November, 2018, The Cabinet Secretary, Ministry of Labour and Social Protection, Honourable Attorney General and The National Social Security Fund (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.

2. The application was brought against Central Organization of Trade Unions (the respondent), under the provisions of sections 3, 3A and 3B of the Appellate Jurisdiction Act, Articles 159, 162 and 164 of the Constitution, Section 8 of the Law Reform Act, Section 1(2) of the Labour Relations Act, Rules 5(2)(b) of the Rules of this Court and Order 53 of the Civil Procedure Rules 2010.

3. The application is premised on thirteen grounds set out on the face of the application and is supported by the affidavits of Ukur Yatani, the Cabinet Secretary, Ministry of La…

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