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Cooperative Bank of Kenya Limited v. Banking Insurance & Finance Union (K)

(2017) JELR 103082 (CA)

Court of Appeal  •  Civil Appeal 293 of 2015  •  8 Dec 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. This appeal is against the judgment of the Employment and Labour Relations Court (ELRC) wherein the court found that Co- operative Bank of Kenya Limited (the appellant) had wrongfully dismissed a member of the Banking Insurance and Finance Union (Kenya) (the respondent) namely, Samuel C. Njoroge (Samuel). The court went on to reinstate Samuel as well as grant him damages. Being a first appeal we take cognisance that we are called upon to re-evaluate the facts before the trial court and make our own conclusion. This Court in J. S. M. v. E. N. B. [2015] eKLR aptly put our role as a first appellate as follows:-

“We shall however bear in mind that this Court will not lightly differ with the trial court on findings of fact because that court had the distinct advantage of hearing and seeing the witnesses as they testified and was therefore in a better position to assess the extent to which their evidence was credible and believable. Should we however, be satisfied tha…

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