DALMAS B. OGOYE V. K.N.T.C. LTD

JUDGMENT OF THE COURT

Dalmas Ogoye (the appellant), filed a suit against Kenya National Trading Corporation (KNTC) in the Resident Magistrate’s Court at Sheria House claiming damages for alleged wrongful dismissal and an order for reinstatement. KNTC filed a defence denying the appellant’s claim and counter-claimed for the loss of it had suffered. That suit was eventually transferred to the superior court because KNTC’s counter-claim against the appellant at that time, exceeded the pecuniary jurisdiction of the subordinate court.

The appellant was KNTC’s Depot Manager at Mombasa. On 22^nd May, 1987, he received a letter from the Managing Director terminating his appointment on the ground that he had been involved in serious malpractice by selling sugar below the authorised prices thereby occasioning financial loss to KNTC to the tune of SHS. 213.192/-.

The case was heard by Githinji J who found that the appellant had indeed been unlawfully dismissed and gave him judgment for salary from 2…