Kenya Game Hunting & Safaris Workers Union v Southern Cross Safaris [2018] KECA 390 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, OKWENGU & KANTAI, JJ.A)

CIVIL APPEAL NO. 143 OF 2014

KENYA GAME HUNTING &

SAFARIS WORKERS UNION...............APPELLANT

AND

SOUTHERN CROSS SAFARIS..........RESPONDENT

(Being an appeal against the Ruling and Order in the Industrial Court

(Nzioki Wa Makau, J) given on 21stMarch, 2013

in

Industrial Cause No. 1084 of 2012)

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JUDGMENT OF THE COURT

There are two Notices of Appeal filed by the appellant Kenya GameHunting and Safaris Workers Union. One is dated 14th  June 2013 lodgedat the Industrial Court Registry at Nairobi on 18th June, 2013 and it is saidto be against the judgment of Justice Nzioki Wa Makau given on 7th  June2013. The other one was dated 8th November, 2013 and was lodged in thatcourt on 11th  December, 2013 and it is said to be against the judgment ofthe same judge given on 8th November, 2013.

The  Memorandum  of  Appeal  filed  here  which  is  in  the  formatusually adopted in claims filed at the Employment & Labour RelationsCourt is said to be an appeal against the ruling and order of the said judgegiven on 21st March 2013.

We have perused the whole record.      We note that the said judgedelivered a ruling on 21st March 2014 where he made certain findings on alabour dispute between the appellant and the respondent Southern CrossSafaris.

When this appeal came up for hearing before us on 10th November,2016 Mr. Josephat Mailu Ndolo who described himself as the GeneralSecretary of the appellant decried the fact that the respondent had forcedhis members to leave his Union to which he is the General Secretary.  Ineffect he was saying that the Union has no members and it was doubtfulthat he hadlocus standito represent members who had deserted hisUnion.     As  properly  pointed  out  by  Miss  Lorraine  Oyombe  learnedcounsel for the appellant, there is no valid appeal before us as there was noNotice of Appeal lodged against the ruling in the Employment and LabourRelations Court made on 21st March, 2013.

In the circumstance we have no jurisdiction to entertain this appealand it is accordingly struck out.    In the circumstances where Mr. Ndoloappears for non-existent members we think the proper order on costs isthat each party bears its own costs. It is so ordered.

Delivered and Dated at Nairobi this 27thday of July, 2018.

E. M. GITHINJI

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JUDGE OF APPEAL

H. M. OKWENGU

.....................................

JUDGE OF APPEAL

S. ole KANTAI

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JUDGE OF APPEAL

I certify that this is atrue copy of the original.

DEPUTY REGISTRAR