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Bake ‘N' Bite Limited v. Rachel Nungare & 16 others

(2015) JELR 105511 (CA)

Court of Appeal  •  Civil Appeal 57 of 2014  •  29 May 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This appeal arises from a judgment of the Industrial Court of Kenya (now the Employment and Labour Relations Court) at Mombasa in which the court awarded the 16 respondents a total of Kshs 1, 764, 180/- being one months salary in lieu of notice, 6 months salary for unfair termination of employment, service pay for the number of years worked and leave pay for some of the respondents. From the outset, the manner in which the trial was conducted leaves a lot to be desired, and regrettably the parties as well as the court itself, must take their fair share of blame in that respect.

At all material times the respondents were employees, in the slice department of the appellant, Bake “N” Bite, a firm of bakers and confectioners. They were employed at different times but all were earning a salary of Kshs 14, 520 per month. All the respondents were also members of the Bakery, Confectionary, Food Manufacturing and Allied Workers Union, (the Union) which had in force a Recogn…

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