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Teachers' Service Commissin v. Simon P. Kamau & 19 Others

(2010) JELR 96476 (CA)

Court of Appeal  •  Civil Appeal 300 of 2009  •  12 Nov 2010  •  Kenya

Coram
Moijo Matayia Ole Keiwua, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Maraga, J.) delivered on 23rd October, 2008. The factual background is that the respondents are all retired teachers and were prior to their retirement employees of the appellant and members of the Kenya National Union of Teachers, hereinafter called “the Union”. On the other hand, the appellant is a body corporate with perpetual succession with power to sue and be sued and it was at all times the national employer of the respondent as stipulated in the Teachers Service Commission Act. In the superior court, the twenty respondents instituted a suit against the appellant H.C.C.C. No. 65 of 2006 and also sought leave to institute the suit on their own behalf and on behalf of all the other retired teachers. The heart of the dispute is that following protracted negotiations between the appellant and the teachers, an agreement relating to a remuneration package for all teachers was signed which package was to b…

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