JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and decree of the Employment and Labour Relations Court (E&LRC) at Kisumu which dismissed the appellant’s petition with no orders as to costs.
[2] On 30th January, 2015 the appellant filed a Constitutional Petition on behalf of its forty unionisable members, the interested parties herein, seeking an order in essence, to compel the two respondents to reinstate the interested parties to their employment. The appellant averred in the petition, inter alia, that the interested parties were employees of Kisumu County Government, the 2nd respondent; that the interested parties were deemed transferred to the 2nd respondent upon the promulgation of the Constitution of Kenya 2010; that the functions of the Public Service Commission were taken over by the County Public Service Boards; that any action taken by the Public Service Commission are deemed taken by the County Public Service Boards; that the interested parties were dismissed by…