JUDGMENT OF THE COURT
[1] This matter appears to be quite convoluted. Civil Appeal No. 171 of 2013 was filed by Nelson Agoya, Absolom Luvayi Gwaga, Rhoda Musimbi, John Idagiza, Wycliffe Mukangula Lumasia, Tony Baraza Shivambo and Ernest Okute (appellants herein), through a notice of appeal dated 6th June, 2013 lodged in the registry on the same date. The appeal originates from a judgment of the Industrial Court, (Mukunya, J) delivered on 3rd March, 2009. Leave to file the appeal out of time was granted by Musinga, JA on 31st May, 2013.
[2] The appellants were all former employees of Daystar University College. They filed a claim in the Industrial Court against their employer through their union, the Kenya Union of Employees of Voluntary and Charitable Organizations. The Union is the 1st respondent in the appeal while the employer is the 2nd respondent.
[3] The appellants’ claim against their employer arose from the termination of their employment, which they claimed amounted to redundanc…