RIFT VALLEY RAILWAYS (K) LIMITED V. WILLIAM NEMBE OBORA & 74 OTHERS

JUDGMENT OF THE COURT

[1] This appeal arises from the judgment/award of the Employment and Labour Relations Court of Kenya, (E and LRC), at Nairobi (Mbaru, J.) in Cause No. 499 of 2012 where William Nembe and 73 Others, hereinafter referred to as "the respondents", were the claimants against Rift Valley Railways (Kenya) Limited, hereinafter referred to as "the appellant".

[2] In their statement of claim before the trial court, the respondents stated that on 1^st November, 2006, the former Kenya Railways Corporation transferred its services through a concession agreement to the respondent herein. By standard contracts of employment all dated 25^th October of the same year, the appellant employed the appellant in various capacities under different remuneration packages given in a schedule to the statement of claim.

[3] The respondents also pleaded that all employees of the appellant went on strike from 1st to 14^th July, 2008, demanding a review of their salaries which prompted the appellant …