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Clement Karuri v. Kenya Ports Authority

(2018) JELR 103157 (CA)

Court of Appeal  •  Civil Appeal 22 of 2017  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The relationship between Kenya Ports Authority (the respondent), and Clement Karuri (the appellant), was that of an employer/employee. Initially, the appellant entered into that relationship as a casual labourer on 9th March, 1998. Subsequently, he was appointed as a Security Private on a renewable contract term of 2 years, effective from 15th May, 2006 to 14th May, 2008. His duties entailed maintaining security around the respondent’s premises. Midway into the contract, he was promoted to the positon of a Senior Security Private. The said contract was later renewed on 16th May, 2008 for a further term of two years.

2. On 24th September, 2008 Mr. John Eboso, who was then employed as a driver by the respondent, was stopped by security personnel manning one of the exit gates for a routine inspection of the vehicle he was driving. Apparently, 10 boxes of assorted brands of whisky were discovered in the said vehicle. Upon inquiry, he was unable to produce the requis…

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