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From the source docs
Five phases distilled from the five original typescripts — what was filed, who objected, what the court decided, and what happened next.
Apply, rebut, recruit elsewhere, win in court, apply again.
Phases 1–2 show the first application and why four objections failed on their own terms. Phase 3 covers the BIFU detour that recruited ~720 KRA staff. Phases 4–5 show the 2008 judgment clearing the way and the second application that was refused again.
What: signed 18 Jan 2002 by Muithya, Mbogo, Masoud, Kabata, Kongoninga, Mwanyalu, Wanyama (all Customs Mombasa); received 21 Jan 2002 receipt 924151; ROTU ref TU/R/332/2 of 22 Feb 2002.
Objections: BIFU 9 Feb 2002 (financial workers), KUCFAW 1 Mar 2002 (cash handlers), COTU 19 Mar 2002, FKE 22 Apr 2002. Rebutted 12 Jun 2002. Refused 6 Feb 2004 — KUCFAW suffices.
What: 25 Oct 2002 pamphlets to MPs; meetings with Ministers Murungi and Githae, PSC Chair Aringo, plus Munyes, Kingi, Angweny at Travellers Beach Hotel and Sheria House.
Result: sympathy but no action; Registrar kept file under consideration for ~20 months.
What: Masoud appointed BIFU Executive Officer Coast 18 Sep 2003 after Kubai meeting. Coast 250 by Dec 2003; western tour from 1 Feb 2004 (Michuki Rules day) +120; Nairobi 350. Total ~720.
Check-offs for 714 lodged 3–5 May 2004; KRA refused deductions. Masoud arrested 16 Jul 2004 (CMCC 1791), acquitted 2 Jul 2005; sued HCCC 1511/2005.
What: BIFU Misc. App. 1683 of 16 Dec 2004 to compel Sec.49 check-off. Justice George Dulu 22 Sep 2008: KRA is not a financial institution so BIFU has no mandate; KUCFAW amendment irregular vs Industrial Court Cause 75/1999.
Meaning: only a specific union like TCU can represent KRA. First refusal was wrong.
What: Sec.12 certificate 4 Mar 2009, Sh15,000 paid, explanatory letter to National Labour Board. Registrar stalled, Gazette 2875 of 19 Mar 2010 invited objections again.
Refused 10 Dec 2010 (join BIFU/KUCFAW). Appeal No.2 of 2011 filed 10 Jan 2011 at Industrial Court Nairobi.