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Charles Opata v. Norfolk Hotel

(2017) JELR 103252 (CA)

Court of Appeal  •  Civil Appeal 237 of 2015  •  16 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

This is a second appeal by Charles Opata (appellant) who has relentlessly pursued his claim of unlawful termination from employment by Norfolk Hotel (respondent) from the year 2003. The appellant’s claim was filed before the Chief Magistrate’s Court at Milimani. Upon hearing the matter, E.N. Maina (as she then was) dismissed the claim. The background facts are fairly straight forward because they were largely not contested. That is on 15th October, 1993 the appellant was employed by the respondent as a cloakroom attendant with a starting salary of Ksh 1,848/= per month. The appellant served the respondent for nearly 10 years, however on or about 5th February, 2003, he was summarily dismissed. His salary at the time of dismissal was about Ksh 14,050/=.

The dismissal of the appellant was caused by a complaint made on the night of 4th February, 2003 against the appellant by a hotel customer who had alleged that the appellant had tried to act as a pimp and seduced the …

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