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Chemilil Outgrowers Co. Ltd v. Lens Charles Ndago, Edward Onyango Odhiambo, George Otieno Okech & Julius Ouma Owino

(2015) JELR 105391 (CA)

Court of Appeal  •  Civil Appeal 57 of 2014  •  25 Sep 2015  •  Kenya

David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



The Appeal before us arises from a judgment of the Industrial Court, in a cause where the respondents, Lens Charles Ndago, Edward Onyango Odhiambo, George Otieno Okech and Julius Ouma Owino had claimed that the appellant had unlawfully terminated their employment contracts, and refused to pay their terminal dues. Their claim was that at all material times they were field clerks in the appellants employment, and earned a salary of Kshs 1000/= per month; and that on or about 8th September 2009 the appellant unilaterally and without any notice terminated their employment. They further claimed that the appellant underpaid them during the term of the employment contract, and that at the time of terminating their contracts, it did not provide them with an opportunity to show cause why their services should be terminated. The particulars of the claim were as follows;

i) three months’ pay in lieu of notice;

ii) underpayment of their salary;

iii) underpaid leave allowance for…

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