PETERSON NDUNG'U & 5 ORS
V.
KENYA POWER & LIGHTING COMPANY LTD

JUDGMENT OF THE COURT

Background

1. This is an appeal against the ruling and order of the Employment and Labour Relations Court (E.L.R.C), (Abuodha J.) dated 26^th June, 2015, whereby the learned Judge allowed the notice of motion dated 17^th September, 2014 filed by The Kenya Power and Lighting Company Limited, (the respondent) against Peterson Ndungu, Stephen Gichanga Gituro, N. Ojwang, Peter Kariuki, Joseph M. Kyavi and James Kimani, (the appellants). The said motion sought a stay of execution of the Award of 23^rd July, 2014 (Rika, J) pending the hearing and determination of the application and that the Statement of Claim together with all proceedings in the Cause and the Award of 23^rd July, 2014 be struck out.

2. A brief background of the appeal as can be gleaned from the Statement of Claim dated 8^th July, 2011 is that the appellants were all former employees of the respondent whose employment was terminated. The appellants claimed that their termination was unfair and unlawful and sou…