CHARLES SALANO & 9 OTHERS (PROPOSERS & PROMOTERS OF KENYA SUPERMARKETS WORKERS UNION (KESMWU)
V.
REGISTRAR OF TRADE UNIONS & ANOTHER

JUDGMENT OF THE COURT

CHARLES SALANO, TERESIA A. OMOLO, BENEDICT NZIOKI, MAURICE NYAKWAKA, LINET ALIVIZA, MARK AGEYO FEDHA, DAVID O. ODUNGA, HILLARY U. MUTULI, JEREMIAH NJAU and ELIZABETH N. OHUNGA (hereinafter ‘the appellants’) all being desirous of registering a Trade Union known as the KENYA SUPERMARKET WORKERS UNION (hereinafter ‘KESMWU’) approached the office of the Registrar of Trade Unions (hereinafter ‘the 1^st Respondent’) to facilitate their aforesaid collective intention. DAVID O. ODUNGA and HILLARY U. MUTULA (hereinafter ‘the applicants’) acting for and on behalf of the appellants lodged an application for issuance of a CERTIFICATE OF ESTABLISHMENT OF A TRADE UNION at the 1^st Respondent’s office on 13^th October, 2014 vide a letter ( REF: KESMWU / APP / EST / TU / 1 / 2014) dated 13^th October, 2014. The letter was signed by the applicants in their respective capacities as Interim Chairman and Interim General Secretary of the proposed union. For the avoidance of doubt, the app…