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Benedict Ombiro v. Board of Governors Kenya Utalii College & Thomas Dudah

(2018) JELR 105761 (CA)

Court of Appeal  •  Civil Appeal 32 of 2017  •  16 Feb 2018  •  Kenya

Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu



This is an appeal against the Judgment of the High Court (J.K. Sergon, J.) Dated the 12th day of February, 2016.

The background to the appeal is that, the appellant was employed by the 1st respondent on the 22nd day of O ctober, 1975, and served the 1st respondent in various capacities before his employment with the 1st respondent was terminated on 17/08/1990. He moved on and sought greener pastures elsewhere from a prospective employer, namely Lonrho Hotels (K) Ltd. The prospective employer sent a questionnaire to the first respondent seeking an appraisal of the appellant’s character as his former employer. Upon receipt of the questionnaire, the 1st respondent tasked the 2nd respondent to fill it in, which the 2nd respondent filed in and accordingly returned the same to the prospective employer. In it, the appellant had been described as a person of erratic temper. It is not clear from the scanty information on the record as to whether that description caused the …

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