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East African Portland Cement Company Limited v. Benjamin Mwendwa Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo Oningu & Felix Vunga Munga Mulwa

(2017) JELR 102574 (CA)

Court of Appeal  •  Civil Application 186 of 2016 (Ur 146 of 2016)  •  31 Mar 2017  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Fatuma sichale

Judgement

RULING OF THE COURT

[1] Benjamin Mwendwa Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo Oningu and Felix Vunga Munga Mulwa (1st to 5th respondents) were all employees of the East African Portland Cement Company (applicant). They were all working in the finance department of the applicant until their respective contracts of employment were terminated sometimes in May 2013, on allegations of fraudulent activities. The respondents alongside others were also charged with criminal offences such as stealing by servant and fraudulent or false accounting before the Magistrates’ Court at Mavoko. Upon termination of their services, all the respondents filed individual suits claiming unfair labour practices, unlawful and un-procedural termination of employment, compensation for the balance of the contract period and reinstatement. All the suits were consolidated under one file, they were heard together and by a judgement or award issued on 18th April 2016, the learned Judge held as follows;-

“I …

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