JUDGMENT OF THE COURT
The main issue in this appeal which is the first and most likely the last appeal preferred from the judgment of Khamoni J (as he then was) dated and delivered on 7th day of November, 2006, in respect of High Court Civil Case Nos. 170 of 2001 and 145 of 2002 which were in this Court, consolidated and heard together, is whether the provisions of Section 2 of the Trade Disputes Act Chapter 234, Laws of Kenya as pertains to redundancy and the definition of the word redundancy as spelt out in the Employment Act 2007 applies to this case where the termination of work in respect of all the respondents except one was, as contained in their letters of termination, on the basis of the prevailing economic hardships that made it difficult for the appellant to maintain the respondents any longer in its payroll. And even in respect of that one respondent, that issue would still arise as even in her case, her alleged letter of voluntary retirement was in effect solicited and she…