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Kenya Engineering Workers Union v Crom Impex (K) Limited (Cause 279 of 2019) [2025] KEELRC 8 (KLR) (16 January 2025) (Ruling)

[2025] KEELRC 8 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
8
Citation
[2025] KEELRC 8 (KLR)
Decided
16 January 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureRespondent's Motion for review and stay of execution dismissedCoramRADIDO
Holding

The Motion is dismissed with costs.

Facts

The Union filed a Motion seeking to vary, review, and set aside a judgment issued by the court on October 3, 2023, due to new evidence. The Respondent claimed that some employees had resigned from the Union, invalidating the majority. The Union opposed the Motion, citing previous similar applications.

Issues

  1. Variation of the judgment
  2. Review of the judgment
  3. Set aside of the judgment
  4. Statutory threshold for unionisation
  5. Declaration of non-compliance with statutory threshold
  6. Costs

Reasoning

The court dismissed the Motion as the Respondent did not provide new evidence necessitating a review and set aside of the judgment. The Union did not meet the statutory threshold for unionisation.

Outcome

Dismissed with costs

Orders

  • The Motion dated 13 May 2024 is dismissed with costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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