JUDGMENT OF THE COURT
Introduction:
By some stroke of fate, two decisions of the Industrial Court were made by the same Judge (Byram Ong’aya J.) sitting in different stations (Nakuru and Nyeri) and the appeals emanating from those decisions ended up before different benches of the same court! More significantly, the underlying facts in both cases were substantially the same, as was the central legal issue for determination. The other case is The County Government of Nyeri and The Governor of Nyeri –vs- Cecilia Wangechi Ndungu – Civil Appeal No. 2 of 2015 (hereinafter “Nyeri Governor case”) which was decided by this Court (differently constituted) on 18th March 2015. Although that decision deserves our utmost respect and consideration, it is nevertheless not binding on us. We shall revert to it later in this judgment.
The appellants in this case are the Narok County Government and the Governor of Narok County who were represented before us, as they were before the Industrial Court, by Mr.…