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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

Coram
Daniel Kiio Musinga Agnes Kalekye Murgor Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

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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