DEL MONTE KENYA LIMITED V. PATRICK NJUGUNA KARIUKI

RULING OF THE COURT

The brief background to this ruling is that the respondent, Patrick Njuguna Kariuki, moved to the seat of justice in the Industrial Court by a statement of claim dated the 8^th day of June, 2011 and presented industrial cause No.953 of 2011, directed against the applicant, Del Monte (K) Limited, seeking various reliefs.

The applicant Delmonte Kenya Limited, responded to the respondents’ claim by a defence dated the 4^th day of August, 2011, to which the respondent Patrick Njuguna Kariuki, responded by filing a supplementary memorandum of claim dated the 4^th day of June, 2012. Thereafter the parties were heard by way of written submissions, culminating in a Judgment delivered on the 26^th day of October,2012 by Byram Ongoya J, who granted the following orders:-

(a) A declaration that the termination of the employment of the claimant by the Respondent was unfair.

(b) The Respondent to pay the claimant a sum of Kshs.8, 863,282.29 plus interest at court rates from the date of…