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Kenya Airways Limited v. Alex Wainaina Mbug

(2019) JELR 100143 (CA)

Court of Appeal  •  Civil Appeal 107 of 2018  •  7 Jun 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal and the litigation preceding it underlines the dilemmas and dialectics that confront courts as they try by application of law to introduce the soothing balm of justice to the painful wounds that result from a fractured employment relationship that births distress, disillusionment and destabilization.

Consider the man Alex Wainaina Mbugua (Alex), the respondent herein. By any account a guru in matters of finance, he was head-hunted, poached even, from his highflying and lucrative position as Chief Financial Officer – Africa, of Anglo-Gold Ashanti in South Africa by the appellant, Kenya Airways Limited (KQ). He was persuaded by KQ?s assurances that they needed a Kenyan Group Financial Director with potential to take over as its Managing Director within 5 years when the incumbent was expected to retire. He was appointed by a letter dated 25th June, 2008, which detailed his terms of engagement and stated his gross salary as Kshs.1.8 Million per month which …

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