RULING
A. Introduction
1.Before the court is a petition of appeal dated 2nd December, 2020 pursuant to article 163(4) of the Constitution of Kenya, section 15 of the Supreme Court Act, and rules 9(1) of the Supreme Court Rules 2012. It challenges the determination of the Court of Appeal (Koome (as she then was), Makhandia & Kantai, JJA) in Civil Appeal No 440 of 2018, in which the decision of the Employment and Labour Relations Court (Nduma, J) in ELC Cause No 806 of 2011 was overturned.
B. Background
2.The first appellant, Agnes Wachu Wamae, and 104 other former employees of the respondent filed a claim seeking the re-evaluation and award of their exit packages following a declaration of redundancy pursuant to a circular of 24th December, 2010. In the circular, the respondent’s Managing Director informed those affected alongside all other Bank employees that, “due to pressure on margins, the Bank had embarked on a cost review exercise reviewing all key cost items in the Bank, including s…