RULING OF THE COURT
1. This application emanates from judicial review proceedings instituted by the applicants herein against the respondents’ decision, vide a notice dated 8th January, 2020, to carry out a restructuring exercise that would result in, among other things some positions of the employees and members of the applicants being declared redundant. The said judicial review also sought to challenge the respondents’ subsequent advertisement for vacancies and recruitment of staff in the Daily Nation newspaper dated 2nd January, 2020 whose deadline for receipt of applications was Friday 24th January, 2020.
2. In the impugned judgment, dated 28th July, 2020, the learned Judge, (Nzioki wa Makau, J.), ruled in favour of the respondents stating as follows:
“I find that the judicial review sought is misplaced and I dismiss the Judicial Review for being incompetent and brought to Court contrary to the doctrine of exhaustion. However, as the parties are social partners I will make no order …