GILGIL TELECOMS INDUSTRIES LIMITED V. DUNCAN NDERITU, TELKOM KENYA LIMITED & 56 OTHERS

JUDGMENT OF THE COURT

1. The judgment herein relates to Civil Appeals Nos. 147 of 2013 and 137 of 2013 as consolidated by an order of this Court dated 3^rd March, 2016. Following the split of the then Kenya Post and Telecommunication Corporation (herein referred to as the Corporation) sometime between 1998 and 1999 three entities were incorporated namely, Communications Commission of Kenya, Postal Corporation and Telkom Kenya Limited (the appellant in Civil Appeal No. 137 of 2013). Gilgil Telecoms industries Limited (the appellant in Civil Appeal No. 147 of 2013) was a subsidiary of Telkom Kenya. For the purposes of this appeal we shall refer to Gilgil Telecoms and Telkom Kenya as the 1^st and 2^nd appellants respectively while Duncan Nderitu and 55 others will be referred to as respondents.

2. Sometime after the split agreements on revised terms of service were made between Communication Workers Union of Kenya (formerly known as Union of Post and Telecommunication Employees and herein aft…