JUDGMENT OF THE COURT
The substratum of this appeal is a labour dispute. The brief summary of facts giving rise to the appeal is as follows: The appellant together with four other co-petitioners before the trial court were members of a group known as EPZ Apparels Manufacturing and Exporters Group of the Federation of Kenya Employers (EPZ Group). The said group regularly negotiated Collective Bargaining Agreements (CBAs) with the 3rd respondent, a trade union representing workers in the textile industry. While negotiating a CBA effective 1st October, 2005 and ending 30th September, 2007 to fix terms and conditions of service for their employees, the parties reached a stalemate necessitating the dispute to be referred at the first instance to the Ministry of Labour and Human Resource Development for resolution. Upon failing to come to a bargain, the dispute was referred to the 2nd respondent for adjudication being, Tailors and Textiles Workers Union v. EPZ Apparel Manufacturers and Expor…