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Cooperative Bank of Kenya Limited v. Joseph Kinyua Ngari

(2020) JELR 103080 (CA)

Court of Appeal  •  Civil Appeal 370 of 2017  •  9 Oct 2020  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Joseph Kinyua Ngari (“the respondent”) was employed by Co-operative Bank of Kenya (“the appellant” or “the bank”) vide Letter of offer dated 23rd January, 2009 and his position was that of a Project Assistant at the appellant’s Property and Supplies Department. That employment was confirmed by the appellant by a letter dated 10th August, 2009 and the respondent received Performance Based Reward for each year that followed until problems between the parties began.

By a letter dated 19th June, 2014 titled “Irregular Procurement Practices” the respondent was informed that an audit of his department had revealed he had either willfully or by negligence allowed or facilitated loss of the appellant’s cash in that on or about 21st March, 2014 he (the respondent) had allowed payment for refurbishment of Ngong and Marsabit branches without confirming valuation details thus leading to a loss of Kshs.300,000. Further, that on various dates between 26th July, 2013 and 21st Mar…

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