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Barclays Bank of Kenya Ltd & Africa Group (S.A) Ltd v. Gladys Muthoni & 20 others

(2018) JELR 105807 (CA)

Court of Appeal  •  Civil Appeal 296 & 301 of 2016 (Consolidated)  •  16 Mar 2018  •  Kenya

Philip Nyamu Waki, William Ouko, Kathurima M'inoti



1. The two appeals herein were consolidated and heard together because they relate to the same parties although the decisions under challenge are different. Both, however, have their roots in a constitutional petition filed before the Employment and Labour Relations Court (ELRC) invoking a plethora of Articles of the Constitution of Kenya, 2010 (Articles 20, 21, 27, 28, 35, 36, 41, 43, 47), the Companies Act; the Banking Act (Sections 6, 8, 8A, 9, 32, 32B, 33, 33A), the Competition Act (Sections 21, 50, 56), the Capital Markets Act and the Employment Act (Section 5), asserting that they were all violated. At the core of the matter, however, is the issue of redundancy consequent upon Barclays Africa Group Limited (BAGL) winding up its operations in Kenya resulting in termination of services of the 21 petitioners (the respondents) who had been seconded/deployed to BAGL by their employer, Barclays Bank of Kenya Ltd (BBK).

2. Civil Appeal No. 296 of 2016 (CA 296) chall…

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