JACQUELINE KIARAHO V. CO-OPERATIVE BANK OF KENYA

JUDGMENT OF THE COURT

The appellant JACQUELINE KIARAHO filed an appeal against the judgment of J.M. Khamoni delivered on the 8^th August, 2008. The CO-OPERATIVE BANK OF KENYA LTD was named as the respondent.

A brief background to this appeal is that on the 26^th October, 2009 the appellant (the then plaintiff) filed suit against the respondent (the then defendant) vide an amended plaint dated 9^th February, 2001 and filed on 9^th May, 2001. In the amended plaint the appellant averred that she was an employee of the respondent with effect from 24^th April, 1996 until 24^th October, 2000 when she was summarily dismissed without just cause and without being heard. In an amended defence filed on 14^th May, 2001 dated 11^th May, 2001 the respondent admitted having terminated the appellant from its employment. However, it was the respondent's averment that the termination was lawful and justifiable.

The dispute between the two was heard by Khamoni, J. who in a judgment dated 8^th August, 2008 dismissed…