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TOBIAS ONG' ANY AUMA& OTHERS V. KENYA AIRWAYS CO-OPERATION

(2001) JELR 96036 (CA)

Court of Appeal  •  Civil Case 4434 of 1992  •  23 Feb 2001  •  Kenya

Coram
Amraphael Mbogholi-Msagha

Judgement

JUDGEMENT

The six named plaintiffs Tobias Ong'any Auma, Aaron MuisyoMwailu, John Otieno Owili, Walter Ojwang' Awich, Fidelis Nlhunthi andHenry Munene Karubiu are all ex-employees of the defendant KenyaAirways Corporation Limited.

In their plaint first filed in court in August, 1992 and subsequentlytwice amended to rest with the further amended plaint filed on 7th October1997, the said six named plaintiffs are said to be "suing on their behalf andon behalf of 900 ex-employees of Kenya Airways".

The brief facts upon which the plaintiffs' cause of action is based areas follows:- '

The plaintif had been and were entitled to remain in the Employ of the defendant On or about the 15th day of May, 1990 the defendant purportedly declared the plaintiffs redundant It is the plaintiffs' case that the step taken by the defendant was wrongful and in violation of the provisions dealing with redundancy under the Regulations of Wages and Conditions of Employment Act Cap 226 Laws of Kenya.It was also effec…

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