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KABALE TACHE ARERO
V.
DR. SALOME MUNUBI & 4 ORS

(2022) JELR 113381 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 196 OF 2020
Judges:DK MUSINGA, JA W KARANJA, JA PO KIAGE, JA
Location:Nairobi

JUDGMENT

  1. The 1st, 2nd, 3rd and 4th respondents were directors of the National Land Commission (NLC). In a petition and a suit filed sometime in 2019 before the Employment and Labour Relations Court (M. Onyango, J.), the respondents challenged the variation of their terms of employment, from contractual engagement to permanent and pensionable, then a reversal to contractual terms. They sought, inter alia, declarations that: they are and remain permanent and pensionable employees of the NLC; and that the change of their terms of employment constitutes an unfair labour practice, is unlawful and illegal.

  2. Although the petition was dismissed vide a judgment delivered on 24th May 2019, the trial court made the following order:

    “I therefore will order and do hereby order, that the contracts of all the petitioners be renewed according to the resolution of the Commission at its meeting of 8th May 2018, and the subsequent special meeting of the Commission held on 13th December 2018 so that they do …

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