JUDGMENT OF THE COURT
1. This is an appeal against the judgment and decree of the High Court of Kenya at Nairobi issued on 19th March, 2007 by Justice Alnashir Visram (as he then was) dismissing the claim by Rashid Odhiambo Allogoh and 245 others, (hereinafter referred to as “the appellants”) against Haco Industries Limited, (hereinafter referred to as “the respondent.”)
2. Through an Originating Motion the appellants sought to enforce fundamental rights and freedoms under section 84(1) and (6) of the retired Constitution and in particular alleged the breach by the respondent of sections 73 (right not to be held in slavery or servitude),74 (right not to be subjected to inhuman treatment) and 80 (right to associate). The appellants further sought declarations that the respondent had breached provisions of the Employment Act Cap.226 of the Laws of Kenya and the Regulation of Wages and Conditions of Employment Act. Cap. 229 as set out in the notice of motion. We however point out at this e…