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DOMINICIANO KINYUA MAGAMBO, PATRICK MBUTHIA, CHRISTOPHER MATHEKA, GEORGE NDUNGU KAMAU & DOROTHY NKIROTE RINGERA V. INVESCO ASSURANCE COMPANY

(2020) JELR 102668 (CA)

Court of Appeal  •  Civil Appeal 297 of 2012  •  7 Feb 2020  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the ruling and orders of the Employment and Labour Relations Court (ELRC) in which Ndolo, J. ordered that the appellants’ claims be struck out with no orders as to costs. A brief background of the matter will put it into perspective. All the five appellants filed separate claims before ELRC against Invesco Assurance Company (respondent) on the 20th June, 2016. The claims were consolidated for purposes of hearing and determination. In the said suits, the appellants alleged that they were on various dates employed by the respondent according to different terms and conditions as per their respective letters of employment. The appellants contended that they performed their duties diligently in their respective designations until sometimes in the month of February, 2008 when the respondent was placed under statutory management.

[2] Consequently, the statutory manager sent to the appellants and all other employees an internal memo dated 1st …

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