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Barrack Musumba v. Nyanza Sugar & Produce

(2017) JELR 105589 (CA)

Court of Appeal  •  Civil Appeal 7 of 2015  •  30 Mar 2017  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



In this appeal, the appellant, Barrack Musumba, claims that the respondent unlawfully terminated his employment and failed and/or refused to pay him severance pay, underpayment of salary, allowances and damages.

The appellant’s claim is that he was employed by the respondent as a driver in March, 1988 to September, 2009 and that he was earning a monthly salary of Kshs. 9,000/= which was later increased to Kshs. 14,000/= per month. He claimed that the respondent wrongfully terminated his employment on 13th September, 2009.

The appellant filed a claim against the respondent in the Employment and Labour Relations court for a sum of Kshs. 3,406,200/=, made up as follows;

a) Payment in lieu of 3 months’ notice: Kshs 14,000/- x 3 = Kshs. 42,000/-;

b) Payment for unlawful or summary termination;

c) Payment for house allowance; 15% x 14,000/- x 12 x 21 years = Kshs. 529,2000/-

d) Service/ gratuity 15 x 21 years; Kshs 7000/- x 21 = Kshs. 147,000/-

e) Salary underpayment; Kshs. 10…

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