CHERUIYOT KIPKEMOI JOEL V. TIRGAGA TEA FACTORY COMPANY LIMITED

JUDGMENT

[1] On 15th November 2017 the Employment and Labour Relations Court (the ELRC) (Marete, J.), delivered a judgment in which he dismissed a claim by Cheruiyot Kipkemoi Joel (the appellant), against his employer Tirgaga Tea Factory Company Limited (the respondent), for unlawful and unfair summary dismissal from employment.

[2] In his judgment, the learned Judge found that the appellant failed to prove unlawful termination of his employment as there was a resignation letter produced by the respondent, which showed that he voluntarily resigned from his employment. Consequently, the learned Judge found that he was not entitled to the relief sought.

[3] The appellant, being aggrieved by the judgment of the ELRC, filed an appeal in which he raised 15 grounds. In brief, the appellant faulted the learned Judge for not taking issue with the relationship between Kapkoros Tea Factory Co. Limited and the respondent, as the contract of employment was between the appellant and the respondent, a…