CO-OPERATIVE BANK OF KENYA LIMITED V. DAVID GACHEHU MUCHIRI

JUDGMENT

1. The appellant, Cooperative Bank of Kenya Limited, is aggrieved by the judgment delivered on 29th January 2020 by which the Employment and Labour Relations Court (ELRC) (Rika, J.) declared that the termination of the employment of David Gachehu Muchiri, the respondent, though based on fair procedure, was without a valid reason and therefore unfair. Accordingly, the court ordered the appellant (the bank) to pay the respondent Kshs. 1,409,135 made up of: the equivalent of seven and a half months’ salary in the amount of Kshs. 1,112,475.00 as compensation for unfair termination; notice at of Kshs. 148,330; and salary arrears of Kshs. 148,330.00. Interest on that amount was awarded at the rate of 16% per annum from the date of judgment until payment in full. The court also ordered the bank to forward to the respondent a certificate of service forthwith.

2. The bank has faulted that judgment on grounds that the learned Judge: erred in his interpretation and application of Section 43 of …