JUDGMENT OF THE COURT
This is an appeal from a ruling of Nzioki wa Makau, J. dated the 13th 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 18th day of May, 2012 and amended on the 21st day of May, 2012. The cause was resisted by the 1st respondents’ defence dated 15th day of June, 2012 and that of the 2nd respondent dated 29th day of May, 2012. The appellants joined issue with the respondent defences vide their replies thereto dated, the 22nd day of October, 2012.
On the 7th day of August 2012, the first respondent filed a list dated 6th 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 26th September, 2011
Statement of response dated 26th January, 2012