JUDGMENT OF THE COURT
Telkom Kenya Limited, the appellant herein, was one of three state corporations that were born out the winding up ashes of the Kenya Posts and Telecommunications Corporation sometime around the year 1999. The others were the Postal Corporation of Kenya and the Communications Commission of Kenya. John Ochanda and the other respondents, stated to be 996, which number is itself highly contested, were employees of the appellant who were however retrenched sometime between 31st May and June 2006.
The dispute between the parties arose from the manner in which the appellant effected a staff rationalization programme in the form of downsizing or retrenchment. The said staff rationalization programme was in two (2) phases: the first phase involved staff over 50 years of age while the second was for those below 50 years. Under phase one, the package for staff being retrenched included three months basic salary in lieu of notice, severance payment of one month for every year …