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Julimatt Enterprises Limited v. Vincent Mugadia Kitazi

(2018) JELR 100479 (CA)

Court of Appeal  •  Civil Appeal 262 of 2014  •  23 Feb 2018  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the Industrial Court of Kenya,(now known as the Employment and Labour Relations Court), where the trial court found that the termination of the respondent’s employment by the appellant was unlawful and awarded him 6 months’ salary amounting to Kshs.189,000/= and arrears of house allowance amounting to Kshs.226,800/=.

2. The appellant appealed against that decision saying that the award of Kshs.189,000/= as 6 months’ salary was too high a compensation, considering that the respondent had worked for only 4 years, and that the award of Kshs.226,800/= was improper since the respondent had not made any claim for house allowance.

3. The respondent’s claim before the trial court was that sometimes in 2008, he was employed by the appellant as an Internal Control Systems Manager; that on 30th April, 2012 his services were terminated without any warning and before he was given any opportunity to be heard; that his gross salary at the time was Kshs.3…

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