KAREN NJERI KANDIE V. ALSSANE BA & ANOTHER

JUDGMENT OF THE COURT

By this appeal the appellant NANCY NJERI KANDIE challenges a decision of the Industrial Court (M. Onyango J.) rendered on 22^nd November 2012 by which that court upheld a preliminary objection raised against the appellant’s statement of claim and struck it out.

The appellant had sued ALSSANE BA (the 1^st respondent) and SHELTER AFRIQUE (the 2^nd respondent) for various reliefs and remedies arising from an incident on 28^th June 2012 wherein she was allegedly threatened and physically assaulted by the 1^st respondent who twisted her hand occasioning her serious bodily injuries. She was at the material time the 2^nd respondent’s Director of Finance while the 1^st respondent was its Managing Director and her immediate supervisor. She sought medical attention and also reported the assault to Capital Hill Police Station in Nairobi where she recorded a statement.

A week later, on 6^th July 2012, by a letter under the hand of the 1^st respondent, the appellant was advised to procee…