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Clement J. Macharia v. K. G. G. C. U. Ltd

(1996) JELR 104977 (CA)

Court of Appeal  •  Civil Appeal 66 or 1995  •  1 Mar 1996  •  Kenya

Philip Kiptoo Tunoi, Richard Otieno Kwach



The appellant was, at all material times, employed by the respondent, Kenya Grain Growers Co-operative Union Limited (K.G.G.C.U.). He was employed on 4th April, 1962 at a basic salary of some K.Shs.300/= per month which salary was increased from time to time. The employment, to begin with, was terminable by a notice of one month on either side.

At the time the appellant’s services with K.G.G.C.U. were terminated his monthly salary had reached K.Shs. 1,875/= per month, that is as at 4th July, 1981.

On 4th July, 1981 the appellant’s services were terminated in terms of K.G.G.C.U’s letter of 4th July, 1981 addressed to the appellant. The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.

The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the a…

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