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Kenfreight (E.A) Limited v. Benson K. Nguti

(2016) JELR 100193 (CA)

Court of Appeal  •  Civil Application 31 of 2015  •  1 Jul 2016  •  Kenya

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

Judgement

RULING OF THE COURT

On the 11th day of March, 2016, this Court rendered its judgment in an appeal between the applicant and the respondent and dismissed the applicant’s appeal. That appeal had been precipitated by the judgment of the Employment and Labour Relations Court (“ELRC”) sitting in Mombasa delivered on 13th June, 2014.

The case before that court was that the respondent had been in the employment of the applicant in a career spanning over fourteen years which was however terminated by a letter dated 26th November, 2010 by the applicant. The respondent had by then risen to the position of the applicant’s General Manager. Vide that letter, the respondent was informed that his services had been terminated with effect from 1st December, 2010 and that he would be paid his terminal dues.

The respondent however, instituted the suit against the applicant claiming that the termination of his employment was illegal, wrongful, unfair and discriminatory and sought damages therefor. The respo…

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