IDD SALIM MWADELE,MWANAMKUU MWATENDE,SAUMU SHEE ABDALLA,JACOB KAMBU MTSONGA,HASSAN KITAURO SHEE,MUHAMED HASSAN MWARINDANO,ALIMA ABDALLA DARUSI,KASSIM JUMA ABDALLA,CAROLINE ATIENO OSINYA,UMAZI CHIKOPHE MWERO,MWANAULU DARUSI JEKE,MWANGOMBE BAKARI HASSAN,JABIRI BAKARI MWANZIWI,MUHAMED MASUDI RASHID,MWANAISHA MKULU KASSIM,MKULU SULEIMANI MKULU,MWANAISHA ALI MWASARIA,ALI HASSAN JUMA,YABI DARUSI MOHAMED & HASSAN KASSIM RASHID V. KWALE INTERNATIONAL SUGAR COMPANY LIMITED

JUDGMENT OF THE COURT

1. It is not in dispute that the relationship between the respondent and the appellants was at one point that of employer/employees. However, the point of contention between them is the terms of the appellants’ employment. The dispute became apparent when the appellants’ services were terminated on diverse dates provoking them to file several suits at the Employment and Labour Relations Court (ELRC) which were subsequently consolidated. They sought payment of their terminal dues.

2. The appellants’ case was predicated on the grounds that they were paid on a weekly basis. At some point the respondent began delaying and ultimately stopped paying their weekly wages. Upon raising their concern on that state of affairs the respondent used policemen to chase them away from the premises and thereafter, terminated their services. As far as the appellants were concerned, their termination was not only unlawful but unfair; they were neither informed of the reason(s) of termi…