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Boniface Inondi Otieno v. Mehta Electrical Limited

(2015) JELR 106834 (CA)

Court of Appeal  •  Civil Appeal 29 of 2014  •  3 Jul 2015  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



This is an appeal arising out of the Judgment of Industrial Court (Radido, J.) delivered on 11th April, 2014. Briefly, the appellant herein instituted a memorandum of claim dated 12th September, 2013 which was subsequently amended on 4th March, 2014. In the memorandum of claim, he sought the following reliefs:

“1. A Declatory order that termination while undergoing treatment was unlawful, inhumane and violation of Human Rights.

A Declatory order that the termination without payment in full terminal dues to the claimants is unlawful (sic).

All his benefits including salary for the months of July, August, September and October, 2006 one month’s pay in lieu of Notice all totaling to Kshs. 83,988.00.

Compensation for loss of earning capacity at Kshs. 20,000.00 from date of termination to year of retirement at 60 years in 2026 (Annexed of marked B1014 copy National Identity Card) Totaling Kshs. 20,000 x 12 months x 20 years amounting Kshs. 4,800,000.00.

Being industrial/wor…

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