REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI CIVIL APPEAL 1 OF 2006 AVIATION & ALLIED WORKERS UNION …………….....……..Appellants. V. THE MINISTER FOR LABOUR & HUMAN RESOURCE DEVELOPMENT …………………….Respondents. and KENYA AIRWAYS LTD ……………………………………Interested Party. S/No.4734.” (hereinafter called the grievant). Mr. Julius M. Kitheka, Advocate, of M/S Kitheka & Co., Advocates, for the Appellants (hereinafter called the Union). Mr. P.N. Macharia, Senior Labour Officer, for the Respondents (hereinafter called the Minister). M. Onyango (Mrs.), Advocate, of M/S Obura Mbeche & Co., Advocates, for the Interested Party (hereinafter called the Company). APPEAL. This appeal was received by the Court on 1st February, 2006 and the same was listed for mention on 15th March, 2006, when Mr. Kitheka, Mr. Macharia and Mrs. Onyango appeared for the parties respectively. On this occasion, Mr. Macharia and Mrs. Onyango were directed to submit or file their respective written reply and rejoinder on or before 31st March and 18th April, 2006, and the matter was fixed for hearing on 3rd May, 2006. On 24th March, 2006, Mr. Macharia raised a Preliminary Objection to the hearing of the appeal, and on 12th April, 2006, Mrs. Onyango presented her rejoinder in support thereof. On 3rd May, 2006, the appeal was rescheduled for hearing, and was in fact heard, on 18th May, 2006. The Union lodged an application for leave to appeal against an order by the Minister, dated 14th September, 2005, whereby the Minister rejected the and delivered at Nairobi this 27th day of November, 2007.
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Charles P. Chemmuttut, MBS., JUDGE. J.M. Kilonzo, A.O. Wafula, MEMBER.
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