JHPIEGO KENYA V. DUNCAN MWIRIGI ARITHI

JUDGMENT OF THE COURT

1. The appellant Jhpiego Kenya (hereinafter the ‘employer’) is an affiliate of John Hopkins University and describes its mission as ‘building global and local partnerships to enhance the quality of healthcare services for women and families around the world.’ It challenges an award of Sh. 401,080 made by the Employment and Labour Relations Court (ELRC) (Ongaya J.) sitting at Nyeri in favour of Duncan Mwirigi Arithi (hereinafter the ‘employee’) for wrongful termination of services. The employer was represented before us as it was before the ELRC by learned counsel Mr. Muturi Kamande instructed by M/S Muturi Kamande and Company Advocates, while the employee was represented in both courts by learned counsel Mr. Waweru Macharia instructed by M/S Waweru Macharia and Company Advocates.

2. The background to the dispute is this:

On 16^th June 2008, the employee was employed as a Driver/Office Assistant- Aphia II Eastern, based in Embu and earning a monthly salary of Sh. 50,1…