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Kaisugu Limited v. Steven George & 103 others

(2017) JELR 100285 (CA)

Court of Appeal  •  Civil Appeal 330 of 2013 & 356 of 2013 (Consolidated)  •  29 Dec 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. This Appeal No. 330 of 2013 was consolidated with Appeal No. 356 of 2013 because both spring from the same cause namely, Petition No. 1 of 2013 in the Industrial Court (now known as Employment and Labour Relations Court) involving, Stephen George and 103 others on the one part and on the other part Kaisugu Limited and 2 others. The dismissed Petition (No. 1 of 2013) alleged that the respondents who were the claimants were employed on diverse dates by the appellant, Kaisugu Limited, as tea pluckers. The Petition named The Attorney General and The Minister for Labour as the 2nd and 3rd respondents respectively. The record shows that the respondents Nos. 1 to 64 were declared redundant and lost their jobs. The claim by the respondents (who were represented by counsel was for, inter alia, a declaration that the appellant had violated Articles 41 and 47 of the Constitution of Kenya by failing to issue them as casual workers with written contracts; further that the a…

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