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Daniel Njuguna Muchiri v. Sugar Bakery Limited

(2019) JELR 102891 (CA)

Court of Appeal  •  Civil Appeal 151 of 2015  •  10 May 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

This appeal challenges the refusal by the Industrial Court (now the Employment and Labour Relations Court) (Maureen Onyango, J.) to declare that the employment of the appellant was wrongfully terminated, and the rejection of a claim of KSh.2,296,000/= made as a consequence of that termination.

The appellant was employed by the respondent in 1995 as the manager of its bakery in Kerugoya. The employment terms were not reduced into writing and it is not clear what his initial salary was. But he pleaded that on 22nd July, 2009, he was summarily and unfairly dismissed from the employment by the Managing Director (MD) of the respondent. At the time, his salary was Sh.30,000/= per month. Five days later, on 27th July, 2009, the appellant reported the dismissal to the labour officer in Kirinyaga, demanding through him, KSh.1,511,500/= as terminal dues. The labour officer summoned the MD with that demand but the MD wrote back admitting only KSh.294,000/= contending that theā€¦

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