<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">Nyeri County Council (the appellant) is a local authority established under the provisions of the Local Government Act (Cap 265). The appellant had in its employment some 337 nursery school teachers ( the teachers) attached to various nursery schools run by the appellant. These teachers were also members of the Kenya Local Government Workers Union (the respondent), to whom the appellant had extended recognition by entering into a collective bargaining agreement on the terms and conditions of service of service of the members of the respondent which included the teachers.</p><p class="ql-align-justify">On 5^th October, 1995 the Finance Staff and General Purposes Committee of the appellant held a special meeting at which a resolution was passed in these terms-</p><p class="ql-align-justify">‘That all those nursery school teachers currently teaching as at 5^th October, 1995 be handed over to the community.”</p><p class="ql-align-justify">Pursuant to this resolution, the appellant on 16^th October, 1995 or thereabout sent notices to all the teachers affected termin…</p>