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Centre for African Family Studies (CAFS) v. Jonathan Spangler

(2019) JELR 103334 (CA)

Court of Appeal  •  Civil Appeal 281 of 2018  •  20 Sep 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The Centre for African Family Studies (CAFS), the appellant, is aggrieved by the decision of the Employment and Labour Relations Court (ELRC) which found that the appellant had unfairly terminated Jonathan Spangler ( the respondent’s) employment and violated his constitutional rights, and after so finding, for awarding him punitive damages totaling US$ 259,013.90.

The facts of the dispute before the trial court were that the appellant, a non-governmental organization in Kenya employed the respondent, a United States national on a two year contract to the position of Knowledge Management Specialist (KMS) vide a letter dated 22nd May 2008 effective 1st July 2008, the terms of which the respondent accepted.

The contract of employment specified that he would be paid an annual salary of US$ 57,281.00 and would also be entitled to participate in a provident fund where the appellant would contribute 7.5% of his basic salary and the respondent’s 5% of his basic salary. The …

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