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KAREN NJERI KANDIE V. ALASSANE BA & SHELTER AFRIQUE

(2017) JELR 96994 (SC)

Supreme Court  •  Petition 2 of 2015  •  28 Jul 2017  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

JUDGMENT OF THE COURT

I. INTRODUCTION

[1] This appeal challenges the judgment of the Court of Appeal at Nairobi (Ouko, Kiage and M’Inoti JJA) delivered on 13th February 2015, in Civil Appeal No. 20 of 2013 and is anchored on Article 163(4)(a) of the Constitution of Kenya, 2010 (the Constitution).

[2] Karen Njeri Kandie (the appellant), is a citizen of Kenya who was employed by Shelter Afrique (the 2nd respondent) as its Finance Director under a renewable fixed term contract for the period 1st December 2009 to 6th July 2012. Alassane Ba (the 1st respondent) was the Managing Director of the 2nd respondent having been seconded as such from the African Development Bank, while the 2nd respondent is an African housing development and finance institution with a membership of 44 states, including Kenya.

[3] The appellant alleges that on 28th June 2012, the 1st respondent physically assaulted her at the work place and that she sustained injuries as a result thereof. She also alleges that she repor…

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