JUDGMENT OF THE COURT
A. INTRODUCTION
[1] Two petitions were filed before the Court, namely, Petition No. E002 of 2023 dated 16th February 2023 and filed on 17th February 2023; and Petition No. E004 of 2023 dated 24th February 2023 and filed on 28th February 2023. By a Consent Order of this Court issued on 31st March 2023, Petition No. E002 of 2023 was consolidated with Petition No. E004 of 2023 for determination. It was further agreed that Petition No. E004 of 2023 be the lead file.
[2] The consolidated appeal is against the Judgment of the Court of Appeal at Nairobi in Civil Appeal No. 656 of 2022 (Okwengu, Warsame & Mativo, JJ. A) which overturned the Judgment of the Employment and Labour Relations Court (the ELRC) (Nduma, Wasilwa, and Mbaru, JJ.). Petition No. E004 of 2023 is filed pursuant to inter alia Article 163(4) (a) of the Constitution and Rules 38 and 39 of the Supreme Court Rules, 2020 while Petition No. E002 of 2023 is filed pursuant to Rule 39 of the Supreme Court R…