JUDGMENT OF THE COURT
This is an appeal from a decision of the High Court of Kenya at Nairobi (Mbogholi Msagha, J), given on 23rd February, 2001 in which the learned Judge held that the redundancy affecting the respondents was illegal; and consequently, ordered the appellant to pay the respondents, in addition to what had already been paid to them on being declared redundant, compensation equivalent to what they would have been paid if they had remained in the employment of the appellant until they reached retirement age. The amount was to be discounted by one third to take into account the vicissitudes of life.
The relevant facts of the case giving rise to this appeal are as follows:- The appellant, Kenya Airways Corporation Limited (Kenya Airways), in its heyday and before it ceased operation, had employed the respondents amongst other personnel.
In or about early 1990, the appellant experienced serious cash flow problems and was constantly unable to pay both its staff and creditors on…