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Katiwa Kanguli v. Bamburi Cement Limited

(2015) JELR 105418 (CA)

Court of Appeal  •  Civil Appeal 64 of 2014  •  17 Jul 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This is an appeal against the dismissal of the appellant’s suit in the judgment by Makau, J. delivered on 20th June, 2014 in Mombasa Industrial Cause No. 218 of 2013. The facts leading up to this appeal are that by a letter dated 28th April, 1976, the appellant was offered employment by the respondent on a probationary basis, for a period of three months. The said employment was subsequently confirmed, with the appellant continuing to serve as a unionized miller and kiln operator at a monthly salary of Kshs.3,600/- until 15th August, 1984, when he was promoted the position of a kiln burner, a position that made him to be part of the management team of the respondent.

Accordingly, having joined management staff, the appellant ceased to be a unionized employee up until his retirement on 30th June, 2010. The basis of the appellant’s claim before the trial court was that upon his retirement, the respondent failed to properly compute his gratuity payable for the years h…

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