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Kenfreight (EA) Limited v. Benson K Nguti

(2018) JELR 100191 (SC)

Supreme Court  •  Civil Application 18 of 2016  •  24 Sep 2018  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON reading the motion for review of the Court of Appeal’s decision of 14 April 2016 dismissing the applicant’s prayer for leave to bring an appeal before the Supreme Court, together with the accompanying affidavit of Mr. B.O. Ogajas;

[2] UPON taking note that the respondent had, on 12 June 2013 filed Cause No. 146 of 2013 in the Employment and Labour Relations Court claiming unfair employment-termination, and seeking a declaration of nullity of the same, asking for reinstatement, and also claiming salary payment for the period of termination;

[3] UPON taking note that the respondent’s claim was upheld, and again sustained by the Appellate Court in Civil Appeal No. 31 of 2015 on 11 March 2016;

[4] UPON noting that the Court of Appeal held the said termination of employment to have been unfair, even though the applicant did comply with s.35 of the Employment Act, 2007 by paying one month’s salary in lieu of notice, and that the respondent was instead entitled to 12…

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