GRACE NDEGWA & OTHERS V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

The appellants in this appeal were former civil servants of different cadres in different Ministries. Their services with the Government of Kenya were allegedly terminated on or about 1^st October, 2000. Some of them, about 1484, felt aggrieved and formed an association called Kenya Retrenched Workers Association. Before that Association could be registered, the same workers appointed about eight of their members to deal with their counsel on matters pertaining to their intended suit. One of these was Grace Ndegwa. Using the name of the unregistered association but also attaching their own names, they sent through their counsel a notice to the Attorney General pursuant to section 13 A (2) of the Government Proceedings Act Chapter 40 Laws of Kenya. That notice was followed by a plaint which was filed in their own names and which contained more plaintiffs than the ones whose names had been attached to the notice issued earlier on to the Attorney General. That plaint …