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Kenya Commercial Bank Limited v. Robert Kimutai Korir

(2018) JELR 100081 (CA)

Court of Appeal  •  Civil Application 60 of 2016 (Ur 47 of 2016)  •  19 Jan 2018  •  Kenya

Philip Nyamu Waki, Daniel Kiio Musinga, Stephen Gatembu Kairu



1. This ruling is in respect of an application brought under rules 5, 41, 42, 49 and 75 of the Court of Appeal Rules, 2010, where the applicant is seeking a stay of execution of the judgment delivered on 23rd October, 2015 by Abuodha, J. and all consequential orders thereto, pending hearing and determination of an intended appeal.

2. In the judgment sought to be appealed from, the respondent was awarded eight months’ salary as compensation for unfair dismissal, amounting to Kshs.898,542/=.

3. In his memorandum of claim before the Employment and Labour Relations Court at Nairobi, the respondent claimed that in 1998 he was employed by the applicant as a teller at a salary of Kshs.16,579/= which was increased from time to time and stood at Kshs.99,838/= as at June 2010 when he was dismissed from his employment.

4. The respondent further stated that the applicant dismissed him when he failed to resume duty after the end of his leave of absence; that the reason for failure …

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