KNUT: Acting SG moves to court over orders barring Sossion suspension
- Acting KNUT Secretary General Hesbon Otieno claims that following the court decision barring the Registrar of Trade Unions from deregistering Sossion as SG, he (Otieno) is unable to discharge his duties as CEO and SG of KNUT.
- He claims that the union's National Executive Council is also unable to perform its obligations as the same is not fully constituted given the fact that he has been stopped from acting as the SG.
- Otieno now wants temporary stay of execution of the ruling pending hearing and determination of his application.
Kenya National Union of Teachers (KNUT) Acting Secretary General Hesbon Otieno has moved to court seeking to set aside orders barring embattled union boss Wilson Sossion’s suspension.
Otieno claims that following the court decision barring the Registrar of Trade Unions from deregistering Sossion as KNUT Secretary General, he (Otieno) is unable to discharge his duties as Chief Executive Officer (CEO) and unions’s SG, thereby crippling the union’s operations.
‘‘There’s absurdity and ambiguity in the orders extended as, by virtue of the registration of my name as the acting secretary general, I’m legally responsible for any action taken by the office of SG,” says Otieno.
Otieno further claims that the union’s National Executive Council is also unable to perform its obligations as the same is not fully constituted given the fact that he has been stopped from acting as the Secretary General.
He now wants temporary stay of execution of the ruling pending hearing and determination of his application.
“The court be pleased to set aside extending the orders issued on 10th May,” reads the application.
Otieno also noted that the said ruling was premised on the fact that the court, in its view, required production of the register or an extract of the register to prove registration of change of officials.
“The said register can only be produced upon request and the same could only be availed to court upon such request being made,” reads the application.
According to him, the court in its ruling failed to consider his replying affidavit. He claims that the judge erred in law by failing to consider his response in her ruling.
Otieno says that at the time of ruling, the court was not aware that by a letter attached to his replying affidavit, the registrar of trade unions had expressly indicated that it had registered the notice of change of officers.
Justice Maureen Onyango of the Employment and Labour Relations Court on Thursday last week said there was no evidence that the changes removing Sossion from the helm of the union were effected before she made orders barring his removal.
Consequently, the judge extended the orders stopping the ejection of Sossion from office.
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