JUDGMENT OF THE COURT
1. The appellants herein instituted suit by way of a memorandum of claim in the Industrial Court(now Employment and Labour Relations Court(ELRC)) at Nairobi against the respondent Kenya Post Office Savings Bank (Post Bank) seeking special damages of Ksh.45,688,117 being refund to them of all the amounts they claim were unlawfully deducted from their salaries for the period 1st May, 1999 to 31st July, 2007 together with interest thereon from the date of filing suit at court rates of 14% and costs of the suit.
2. The appellants averred that they were at all material times employees of the respondent, having been employed at different times in different capacities, with their employment status being governed by the Employment Act and other employment Laws. Their pension was administered under the “Kenya Post Office Savings Bank Staff Retirement Benefits Scheme Trust Deed” which was established on 20th December, 1997 but with a commencement date of 1st July, 1993.
3. Th…