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ELIZABETH WAKANYI KIBE V. TELKOM KENYA LTD

(2014) JELR 102468 (CA)

Court of Appeal  •  Civil Appeal 25A of 2013  •  5 Feb 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

By an amended Memorandum of Claim, the appellant filed suit in the Industrial Court wherein she sought the following orders:-

  • Declaration that the summary dismissal of the claimant (appellant) by the respondent from employment on 13th April, 2010 was wrongful;
  • An award of damages for wrongful summary dismissal of the claimant by the respondent;
  • Declaration that the termination of the claimant was unfair;
  • An award of damages for unfair termination of the claimants employment;
  • An award for expected salary from the time of the claimant’s wrongful summary dismissal on 13th April, 2010 to 15th July, 2024 being the expected date of her retirement to the tune of Kshs. 34,188,628/=;
  • An award of the balance of her retirement fund benefits in the tune of Kshs. 175,417.50/=;
  • An award of Kshs 2,271,695/= as expected pension loss from the time of the claimant’s wrongful dismissal to the expected retirement period;
  • Declaration that without a certificate of service under Section 51 of t…

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