JUDGMENT OF THE COURT
BACKGROUND
1. This judgment is from the ruling and order of the Industrial Court of Kenya (now the Employment and Labour Relations Court) delivered on 18th March 2013 by Linnet Ndolo, J in Industrial Court Case No.1093 of 2012 which the appellant challenged in this appeal. The relevant antecedent facts in this appeal are discernible from the record.
2. The respondent, Micheal Mwalo, qua claimant, sued the appellant, The Board of Trustees of the National Social Security Fund, in the Industrial Court seeking orders that he was wrongfully and unfairly declared redundant and demoted; that his rank was reduced and his duties and services were downgraded; that there was forceful application of the collective agreement terms of employment on his (respondent’s) employment contract; that his freedom of association was, unfairly and wrongfully abused.
3. The parties broached the possibility of settlement and by dint of a consent dated and filed in the said suit on 19th Novembe…