TELKOM KENYA LIMITED V. JOHN O. OCHANDA (SUING ON HIS BEHALF AND ON BEHALF OF 996 FORMER EMPLOYEES OF TELKOM KENYA LTD)

RULING OF THE COURT

1. This ruling is in respect of an application dated 12^th November, 2013 where the applicant urges this Court to certify this matter as being of general public importance and grant leave to the applicant to appeal to the Supreme Court from the judgment of this Court delivered on 25^th October, 2013. The application was brought under Articles 159 and 163 (4) (b) of the Constitution and Sections 3A and 3B of the Appellate Jurisdiction Act.

2. The facts giving rise to this application are that on 25^th October, 2013 this Court dismissed the applicant’s appeal that sought to challenge a judgment by the High Court where it was ordered that each of the respondents, as former employees of the applicant, be paid severance sum and a “Golden handshake”.

3. The subject of the appeal concerned the restructuring and staff rationalization of the applicant, which at the time was a State owned company, pending its privatization. The staff rationalization programme was to be effected in…