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Kenneth Karisa Kasemo v. Kenya Bureau of Standards

(2013) JELR 100167 (CA)

Court of Appeal  •  Civil Appeal 19 of 2012  •  10 Jul 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant Kenneth Karisa Kasemo was the plaintiff in a suit commenced by a plaint before the Chief Magistrate's Court at Mombasa. In the suit, the appellant sought inter alia:-

“ A Declaration that the defendant unlawfully and/or illegally retired the plaintiff on the 8th day of April, 2005 instead of the 20th day of January, 2006 and as such the Plaintiff is entitled to all his dues and benefits from the Defendant upto and including the 20th day of January, 2006 amounting to Kshs.1,553,221.75.”

The learned trial Magistrate dismissed the then Plaintiff's suit (now appellant) who filed an appeal in the superior court. On 22nd July, 2011 Ojwang J. (as he then was) dismissed the appellant's suit and hence this appeal.

During the hearing of the appeal Mr. Kinyanjui, the learned counsel for the appellant urged us to find that the appellant was wrongfully retired after he had been given a notice that he would serve upto to the age of 55 years. The learned counsel argue…

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