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Kenya Educational Trust Limited v. Katherine S. M. Whitton

(2011) JELR 105308 (CA)

Court of Appeal  •  Civil Appeal 301 of 2009  •  25 Mar 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



Civil Appeal Nos. 301 of 2009 and 302 of 2009 are consolidated. The appellants in the former and the latter are husband and wife. They were both employed by the respondent as teacher and Headmaster at Pembroke House School Gilgil respectively which was run by the respondent. By letters dated 27th June, 2004 separately addressed to the appellants the respondent terminated their services with immediate effects, but they were each paid salaries in lieu of notice period. They filed suit in the superior court at Nakuru to challenge the dismissals in H.C.C.C. Nos. 56 and 57 of 2005. There was an application by the respondent to the court for the striking out of those suits under Order VI Rule 13(1)(b) and (c) of the Civil Procedure Rules. The superior court heard the application on 23rd July, 2008 and a ruling thereon was made on 16th October, 2008. The learned Judge (Maraga, J.) formed the view that

“There is therefore nothing left in either of the two cases to take to he…

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