CABINET SECRETARY MINISTRY OF LABOUR NATIONAL SOCIAL SECURITY AND SERVICES
V.
CENTRAL ORGANISATION OF TRADE UNIONS (K) & 2 OTHERS

RULING OF THE COURT

Francis Atwoli (2^nd respondent) is the Secretary General of Central Organisation of Trade Unions (K) (COTU) (1^st respondent), a large and powerful Workers’ Trade Union. He had represented the 1^st respondent in the NSSF Board of Trustees for many years prior to July 2014. On 18^th July, 2014, the applicant t vide Gazette Notice No. 4880 purported to revoke the 1^st respondent’s appointment to the said Board. This did not go well with the 1^st and 2^nd respondents who consequently moved to the Employment and Labour Relations Court (Labour Court) on 21^st July, 2014 under a certificate of urgency, seeking leave to apply for orders of certiorari to quash the decision of the applicant dated 9^th July, 2010 and Gazette Notice No. 4880 of 18^th July, 2014. The 1^st and 2^nd respondents also sought leave to apply for an order of mandamus directing the 1^st respondent to restore and or re-gazette the appointment of the 1^st respondent’s nominee being the 2^nd respondent to the NSSF Boar…