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 21st March, 2013 in Industrial Cause No. 1084 of 2012) ********************** JUDGMENT OF THE COURT There are two Notices of Appeal filed by the appellant Kenya Game Hunting and Safaris Workers Union. One is dated 14th June 2013 lodged at the Industrial Court Registry at Nairobi on 18th June, 2013 and it is said to be against the judgment of Justice Nzioki Wa Makau given on 7th June 2013. The other one was dated 8th November, 2013 and was lodged in that court on 11th December, 2013 and it is said to be against the judgment of the same judge given on 8th November, 2013. The Memorandum of Appeal filed here which is in the format usually adopted in claims filed at the Employment & Labour Relations Court is said to be an appeal against the ruling and order of the said judge given on 21st March 2013. We have perused the whole record. We note that the said judge delivered a ruling on 21st March 2014 where he made certain findings on a labour dispute between the appellant and the respondent Southern Cross Safaris. When this appeal came up for hearing before us on 10th November, 2016 Mr. Josephat Mailu Ndolo who described himself as the General Secretary of the appellant decried the fact that the respondent had forced his members to leave his Union to which he is the General Secretary. In effect he was saying that the Union has no members and it was doubtful that he had locus standi to represent members who had deserted his Union. As properly pointed out by Miss Lorraine Oyombe learned counsel for the appellant, there is no valid appeal before us as there was no Notice of Appeal lodged against the ruling in the Employment and Labour Relations Court made on 21st March, 2013.
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In the circumstance we have no jurisdiction to entertain this appeal and it is accordingly struck out. In the circumstances where Mr. Ndolo appears for non-existent members we think the proper order on costs is that each party bears its own costs. It is so ordered. Delivered and Dated at Nairobi this 27th day of July, 2018. E. M. GITHINJI ..................................... JUDGE OF APPEAL H. M. OKWENGU ..................................... JUDGE OF APPEAL S. ole KANTAI .................................... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR
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