JUDGMENT OF THE COURT
The appellant before us is a body called The Aga Khan Education Service Kenya shortened to “the AKESK”. We shall hereinafter refer to it by that acronym.The body is apparently in charge of running educational institutions in Kenya on behalf of His Highness the Aga Khan. Among the institutions that fall under the jurisdiction of AKESK is the Aga Khan Primary School, Nairobi. The effective respondents to the appeal before us are Ali Seif, 1st respondent, Benson Wairagu, 2nd respondent and Joseph Ngethe Gitau, 3rd respondent. The Hon the Attorney General was also named as a 4th respondent and during the hearing of the appeal before us, Mr Muiruri Ngugi who appeared on behalf of the Attorney General simply associated himself with the submissions of Mr Bill Inamdar on behalf of AKESK. Mr Muturi Kigano opposed the appeal on behalf of the 1st, 2nd and 3rd respondents. These three respondents are parents with pupils learning at the Aga Khan Primary School, Nairobi. The 1s…