JUDGMENT OF THE COURT
1. The respondents were former employees of the Postal Corporation of Kenya, the 1st appellant, whose services were terminated on 9th October, 2006. According to an amended plaint filed before the High Court on 25th June, 2008, their services were unlawfully terminated before they attained the mandatory retirement age of 55 years. The respondents therefore claimed salary and benefits for the respective periods which each one of them would otherwise have remained in employment.
2. In paragraphs 40 and 41 of the amended plaint, the respondents’ pleaded as follows:
“40. The compensation in damages based on the revised terms of service are is as in the Third Schedule to this Plaint.
41. The Plaintiffs? claim is and has been one based on retrenchment package if their services are terminated and pursuant to the Defendants? statement in the Certificates of Service sent to the Plaintiffs? advocates in March 2008 that the Plaintiffs? services were terminated on retrenchment d…