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Peter Wambugu Kariuki & 16 others v. Kenya Agricultural Research Institute

(2018) JELR 94876 (CA)

Court of Appeal  •  Civil Appeal 271 of 2015  •  18 Oct 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the Ruling and orders of the Employment and Labour Relations Court (ELRC), the Hon. Mr. Justice Stephen Radido, J. dated the 31st day of October, 2014, in Nakuru Industrial Court Petition number 2 of 2013, (formerly Nakuru High Court petition number 30 of 2012), refusing to review and vary the Judgment of the Hon. Mr. Justice Byram Ongaya, J. dated the 3rd day of May, 2013.

The background to the appeal is that the appellants had variously been employed by the respondent as casuals for varying periods, at the conclusion of which periods, they continued working for the respondent and received wages for the work done. On or about the month of September, 2010, the respondent required them to sign contracts on casual terms which the appellants declined to accept, prompting the appellant’s to unsuccessfully file Nairobi Industrial Court Case No. 1303 of 2010, on the 26th day of October, 2010, seeking redress.

Undeterred, the appellants filed petitio…

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