IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: WAKI, NAMBUYE and KOOME JJA
CIVIL APPEAL NO. 238 OF 2015
KENYA EDUCATION STAFF INSTITUTE...........................APPELLANT
AND
KENYA UNION OF POST-PRIMARY TEACHERS
(KUPPET)........................................................................1ST RESPONDENT
MINISTER FOR EDUCATION.................................. 2ND RESPONDENT
MINISTER OF STATE FOR PUBLIC SERVICE.... 3RD RESPONDENT
(Appeal from the Award of the Industrial Court of Kenya at Nairobi (Rika, Lukwe and D.K. Siele, JJ) Dated 1st April, 2011
in
Industrial Cause No. 224 (N) of 2008)
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JUDGMENT OF NAMBUYE JA
The appeal arises from the Award of the Industrial Court of Kenya at Nairobi (as it was then known, now the Employment and Labour Relations Court (ELRC) Hon. Mr. Justice James Rika, Jacob Lokwe and D.K. Siele, dated 1st April, 2011.
The background to the appeal is that, the 1st respondent filed a memorandum of claim against the appellant, 2nd and 3rd respondents resp…