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Chemelil Sugar Company v. Ebrahim Ochieng Otuon, Robert Osero Nyakundi & Philip Anyiego Gaya

(2015) JELR 105282 (CA)

Court of Appeal  •  Civil Appeal 70 of 2014  •  20 Nov 2015  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



This is an appeal from the Judgment of the Industrial Court (H. Wasilwa, J.) delivered on 30th April 2014 awarding the 48 respondents varying amounts of house allowance ranging between Kshs. 52,846.56 and Kshs. 208,650.78 all totaling Kshs. 5,896,617.48.


In their memorandum of claim presented to the Industrial Court at Nairobi on 19th September 2011 in Industrial Case No. 1579 of 2011 (subsequently transferred to Industrial Court, Kisumu, and assigned Case No. 15 of 2013), the respondents, on behalf of 53 former employees of the appellant, complained that the appellant unlawfully and illegally terminated their employment on or about 3rd August 2011. They sought judgment for salaries in lieu of notice, severance pay, unpaid leave, travel allowances and house allowances.

In its memorandum of defence, the appellant pleaded that the respondents were employed as casual labourers on various dates and in different capacities; that in July 2011 the appellant embar…

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