IN THE COURT OF APPEAL
AT KISUMU
(CORAM: ASIKE-MAKHANDIA, KIAGE and ODEK, JJ.A)
CIVIL APPEAL NO. 89 OF 2017
BETWEEN
AGA KHAN HOSPITAL KISUMU................APPELLANT
AND
ERICK WANJOHI ......................................RESPONDENT
(An appeal from the judgment of the Employment and Labour Relations Court at Kisumu (H. Wasilwa, J.) dated 30th October, 2014
in
ELRC Cause No. 264 of 2013)
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JUDGMENT OF ASIKE-MAKHANDIA, JA
In our society today, losing jobs and or employment has become a daily norm. Be it through retrenchment, termination or even resignation. The question that begs to be answered then is whether when one loses his job, he does so willingly or is forced; so that the termination is either lawful, unlawful and or wrongful. This is one case which takes us on such a journey. It is an appeal from the judgment of the Employment and Labour Relations Court at Kisumu, “ELRC” in which the respondent’s claim was allowed with costs.
The appellant employed the respondent as an int…