NATIONAL UNION OF WATER AND SEWARAGE EMPLOYEES, RUFUS OLELA OSOTSI, PHILEMON OTIENO ATIK & ANNE BURUGU V. NAIROBI WATER AND SEWARAGE COMPANY LIMITED, NAIROBI CITY COUNCIL, KENYA LOCAL GOVERNMENT WORKERS UNION (KLGWU) & ASSOCIATION OF LOCAL GOVERNMENT EMPLOYEES

JUDGMENT OF THE COURT

This is an appeal from a ruling of Nzioki wa Makau, J. dated the 13^th day of December, 2012.

The background to the appeal is that, the appellants filed Industrial Court cause no 823/2012, against the respondents dated the 18^th day of May, 2012 and amended on the 21^st day of May, 2012. The cause was resisted by the 1^st respondents’ defence dated 15^th day of June, 2012 and that of the 2^nd respondent dated 29th day of May, 2012. The appellants joined issue with the respondent defences vide their replies thereto dated, the 22^nd day of October, 2012.

On the 7^th day of August 2012, the first respondent filed a list dated 6^th day of August 2012, containing what it termed as similar matters as the cause filed by the appellants against it, namely;

1. INDUSTRIAL CAUSE NO. 1648/2011- NATIONAL UNION OF WATER and SEWARAGE EMPLOYEES V/S NAIROBI CITY WATER AND SEWARAGE COMPANY LIMITED.

Memorandum of claim dated 26^th September, 2011

Statement of response dated 26^th January, 2012

2. IND…