KENYA TEA DEVELOPMENT AGENCY LIMITED V. ISMAEL OMBATI OCHIENG, JOHNSON KAMAU, GEORGE WACHIRA, JANE IMBWAGA, ELIUD N. GITHINJI, PETER M. KINGE, PETER N. NG'ANG'A, LAWRENCE OYARO, ELIJAH KIRIMI MBWIRA & JOYCE GAKURU

JUDGMENT OF THE COURT

The judgment, subject of this appeal, was delivered by the High Court (Ang’awa, J) on 29^th November, 2006. In her judgment, the learned judge referred to a “constitution reference” as the cause which on 8^th February, 2006 the Hon. the Chief Justice directed her to hear. The file could not readily yield a constitutional reference but it has a notice of motion dated 18^th March, 2004, headed Nairobi Civil Suit No.948 of 2003. The parties in that motion are Ismael Ombati and 133 Others v. Kenya Tea Development Agency Ltd, as plaintiffs and defendant respectively. That notice of motion or civil suit was filed by the firm of Gitobu Imanyara and Company Advocates. Brought under sections 60, 70, 71, 80, 82, 84 and 107 of the repealed Constitution, the plaintiffs, the respondents in this appeal, sought several orders but those that the court heard and determined were two. The learned judge stated that she was to determine the question relating to the breaches of the respon…