JAMES GITAHI MWANGI V. SIMBA COLT MOTORS LIMITED

RULING OF THE COURT

The application dated the 30^th April, 2012 seeks to strike out the notice of appeal dated the 9^th February, 2011, lodged on the 9^th February, 2011 from the award of the Industrial Court at Nairobi (Hon. Justice Isaac E.K. Mukunya) made on the 1^st February, 2011 in Industrial Cause No. 448 (N) of 2009.

The subject matter of the application arises from the judgment of the Industrial Court in Industrial Cause No. 448 (N) of 2009, in which the applicant was awarded payment of commission by the respondent for the period between 16^th August, 2006 and May 2009, subject to netting of Kshs.110,000/= being one month’s salary in lieu of notice of termination of employment by the appellant.

The background to this application may be summarized as follows. The applicant, James Gitahi Mwangi was employed by the respondent, Simba Colt Motors Limited as a fleet/government sales manager, at a basic salary of Kshs.45,000/= in July 2000. In June 2003, these terms were reviewed whereupon …