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Africa Nazarene University v. David Mutevu & 103 others

(2017) JELR 106302 (CA)

Court of Appeal  •  Civil Appeal 236 of 2015  •  28 Jul 2017  •  Kenya

Coram
Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The sole issue for determination in this appeal is the true construction of Section 40 of the Employment Act, 2007 ('the Act'), relating to redundancy and more specifically, whether the section requires the issuance of two notices by an employer who wishes to declare redundancy. The Employment and Labour Relations Court (ELRC) (M. Mbaru, J.) found that two notices were necessary, while the appellant thinks otherwise, hence, the appeal.

The background to the appeal is this:

All 104 respondents herein were listed as the claimants in the Cause filed before the Industrial Court at the time in October 2012. The issue laid before the court was "unfair redundancy and failure to pay compensation" by their employer, African Nazarene University (hereinafter, 'the University'). They were all, except four whose claims were dismissed for reasons that are not raised in this appeal, employed by the appellant in its four departments of Transport, Security, Estate and Institutional …

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