Kenya Universities Staff Union Moi University Chapter v Kenya Universities Staff Union National Executive Committee [2016] KEELRC 359 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 359
- Citation
- [2016] KEELRC 359 (KLR)
- Decided
- 14 November 2016
Summary at a glance
TypeLabour RelationsPostureApplication for injunctionCoramD. K. N. Marete
The court dismissed the application, but ordered the SGM and elections to be suspended pending the final determination of the case.
Facts
The claimant filed an application seeking to suspend the Special General Meeting (SGM) and elections of the KUSU Moi University Branch due to disputed issues in the case.
Issues
- Disputed issues in the elections and SGM
- Contradictions between the respondent's notice and the union constitution
Reasoning
The court found that there were disputed issues that required elucidation at trial and that the application was not safe.
Outcome
Dismissed with costs
Orders
- Suspend the KUSU Moi University Branch, SGM and elections pending hearing and determination of the claim
- Stop the respondent from holding any SGM and conducting elections pending final determination of the claim
- Costs of the application shall be borne by the respondent
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