AVIATION & ALLIED WORKERS UNION OF KENYA V. KENYA AIRWAYS LIMITED, MINISTER FOR TRANSPORT, MINISTER FOR LABOUR AND HUMAN RESOURCE DEVELOPMENT & ATTORNEY-GENERAL

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The appellant filed its appeal to this Court pursuant to Article 163 (4) (a) of the Constitution of Kenya, 2010. The petition, dated 19^th May, 2015, is an appeal from the Judgment and Orders of the Court of Appeal at Nairobi, dated the 11^th July, 2014 in Civil Appeal No. 46 of 2013.

B. BACKGROUND

[2] In September, 2012, a group of 447 employees of Kenya Airways Limited (KQ) were relieved of their duties, as part of a staff rationalization programme that had been initiated by KQ. The affected employees, through their union, Aviation and Allied Workers Union Kenya (the appellant), filed a suit at the Industrial Court (Industrial Cause No. 1616 of 2012), seeking inter alia, the following Orders:

(a) a declaration that the affected employees have suffered unfair and wrongful redundancy;

(b) an Order that the affected employees be reinstated to their former employment and positions without any loss of benefit and/or seniority;

(c) in the alternative, the …