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DANIEL N. NGUNIA V. K.G.G.C.U. LIMITED

(2000) JELR 104210 (CA)

Court of Appeal  •  Civil Appeal 281 of 1998  •  24 Mar 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Effie Owuor, Moijo Matayia Ole Keiwua

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Until the 26th October, 1988, Daniel M. Ngunia , the appellant herein, was an employee of the Kenya Grain Growers Co-operative Union Limited, the respondent herein. The appellant was the respondent&#x27;s credit controller. But on the 26th October, 1988, the respondent wrote a letter to the appellant, suspending the appellant from his position as the credit controller. That letter was in these terms:-</p><p class="ql-align-justify"><em>&quot;Dear Sir,</em></p><p class="ql-align-justify"><em>RE: SUSPENSION :</em></p><p class="ql-align-justify"><em>We write to advise you that you are suspended from the employ of the Union with immediate effect, pending investigations into the loss of files of debtors who are being sued for payment and over -payment to certain farmers to a tune of over Shillings 2.5 million.</em></p><p class="ql-align-justify"><em>Please note that during the period of suspension you are required to be reporting to the Financial Controller every Tuesday and Thursday until you are advised otherwise. You are not, however, expected to transact any business on behalf of the Unio n while on suspension.</em></p><p class="ql-align-justify"><em>You will be paid 50%…</em></p>

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