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Barclays Bank of Kenya Ltd v. Joseph Mwaura Njau

(2006) JELR 106842 (CA)

Court of Appeal  •  Civil Appeal 314 of 2001  •  31 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The question raised before us in this appeal is what an employee who is wrongfully dismissed by an employer is entitled to upon such dismissal. Joseph Mwaura Njau, the Respondent hereinafter, was first employed by Barclays Bank of Kenya Ltd., the appellant hereinafter, in 1969; the Respondent was employed as a clerk at a salary of Kshs.720/- or so per month. In the course of time, he rose through the ranks and by the time of his dismissal by the Appellant in 1993, the Respondent’s designation was that of a Supervisor Category A and his monthly salary, inclusive of house allowance, was about Kshs.25,015/- per month. When the Respondent was first appointed a clerk by the Appellant on 16th April, 1969 Clause 13 in the letter of appointment provided that:-

“13. If, after you have served your probationary period, your appointment is confirmed it will be that of a monthly servant, provided that should you at any time either during your probationary period or afterwards c…

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