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Atik v Registrar of Trade Unions & 4 others (Cause 2107 of 2016) [2017] KEELRC 779 (KLR) (25 August 2017) (Ruling)

[2017] KEELRC 779 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
779
Citation
[2017] KEELRC 779 (KLR)
Decided
25 August 2017
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabor DisputePostureApplication to Vacate Extract and Set Aside OrdersCoramMATHEWS NDERI NDUMA
The application is dismissed with costs to be borne by the claimant/applicant.

Facts

The claimant, Philemon Otieno Atik, sought to vacate and set aside an extract issued by the Registrar of Trade Unions showing individuals as officials of the National Union of Water and Sewerage Employment. He also sought to reinstate the status quo and issue an injunction.

Issues

  • Vacation and set aside of the extract issued by the Registrar of Trade Unions
  • Reinstatement of the status quo
  • Injunction against the 4th respondent and others

Reasoning

The court found the application resjudicata and dismissed it, stating that all issues were fully canvassed in a previous ruling.

Outcome

Dismissed

Orders

  • Compel the 1st respondent to call for a fresh election
  • Institute contempt proceedings against the 1st respondent

Authorities cited

Cases cited (5)
  • Order of Hon. Justice Isaac E. K. Mukunga dated 16th June 2010
  • Order of Judge J. N. Khaminwa dated 9th June 2010
  • Order of Hon. Justice Hellen Wasilwa dated 18th September 2012
  • Order of the Court of Appeal at Nairobi Civil Application No. Nai 243 of 2012 (UR.174/2012) by Judges Coram Kihara Kariuki (PCA) Ouko & M’inoti, J.J.A. dated 2nd February 2015
  • Order of Hon. Justice Mathews Nderi Nduma dated 17th April 2015
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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