JAMES KOSKEI CHIRCHIR V. CHAIRMAN BOARD OF GOVERNORS ELDORET POLYTECHNIC

JUDGMENT OF THE COURT

By his amended plaint, dated 15^th July, 2002, James Koskei Chirchir, the appellant, prayed for a declaration that the termination of his employment by the Board of Governors, Eldoret Polytechnic, the respondent in this appeal, was wrongful and void; damages for wrongful dismissal and breach of the contract of employment and payment of his terminal dues, which he particularized. The suit was filed in the Chief Magistrate’s Court, at Eldoret. By its amended written statement of defence the respondent denied the claim and prayed for the dismissal of the suit with costs to it.

After pleadings closed, the suit was set down for hearing and was eventually heard by Mr. Wamwayi, a Chief Magistrate. In his judgment the learned Chief Magistrate found as fact that the appellant’s employment was governed by a Collective Bargaining Agreement between unionizable employees of the respondent and the respondent, but because the appellant did not appear before the Board of Governors …